Christopher Stirling

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311 appearances 1 recordings 1 series first heard Jun 2026 last heard 29 Jun

Christopher Stirling’s voice in public audio — every appearance, attributed to the second.

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Talking Family Law - The Resolution Podcast · Enforcement of financial remedy orders · 29 Jun 2026 podcast

Again, it creates a debt.

If it's above £5,000, it should attract interest automatically.

And it can't be enforced by standalone Section 24A application, but you don't need to wait for decree absolute or final order in order to enforce it.

You can go straight away and enforce it because cost orders are made under the court's general jurisdiction, not under the MCA.

And all other methods charging.

orders, etcetera, etc., third party debt orders can be used in respect of costs.

The other thing to flag up about periodical payments, of course, is this 12-month effectively guillotine in terms of going back.

And that can be problematic.

Again, in the case that Cara and I did, we we'd started off trying to enforce by a third-party debt order.

And uh it took us about nine months for the court to do anything, and then about 12 months.

To discover that the bank accounts had been emptied by the time the bank was served with those orders.

But then when we went for an application to enforce the arrears, we persuaded the judge that the 12-month period should go back effectively to the first enforcement step, and that that was just.

So you can do that.

There's no difficulty if you make your application for the arrears, any arreas that have arisen.

subsequently can still be dealt with at the hearing.

You don't need to make a fresh application in respect of those arrears.

One of the difficulties with arrears though is e even though they they've been they've been outstanding for ages, there's no provision for any interest on those arrears, even if there has been a judgment.

Where the arrears have been sort of consolidated in the sense of saying, well, the arrears today stand at £10,000.

For example, you won't get interest on that £10,000.

On this point in TW and TM miners, Most and Jay is absolutely right.

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