Christopher Stirling
speaker
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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recordings per month · last 12 monthsRecordings per month over the last 12 months — 1 in all, peaking in Jun 2026 with 1.
Appearances
Talking Family Law - The Resolution Podcast · Enforcement of financial remedy orders · 29 Jun 2026
podcast
There's no provision for interest on arrears.
Unless the only exception to this is if you've got an old order made in the high court.
Because if it's an old order made in the High Court, then the High Court has automatic interest provisions.
It doesn't have to rely on this sort of £5,000 limit.
But it does not apply to cases in the family court heard at high court judge level.
So it's it's it's a bit of an anachronism.
So there's no interest on it, and that is a problem.
And you've also got the problem is if if you can't, if you've got an adjudication of arrears, but at the present
Time, there's no obvious way of enforcing it.
What happens if you think, well, perhaps this person's done a runner from the jurisdiction, but I know he'll come back someday, or I'm pretty sure he's going to come back someday.
Can you sort of keep it in suspense?
And I mean, we have again in the case we did, we did persuade the judge that that should be open in the future.
So you can be creative about it.
And again,
Again, although it's it's quite strictly enforced, if the court thinks that the only reason there's been a problem is because not that you haven't been taking steps to enforce, but the other person has been trying to run rings round the court, the court will purposefully interpret and give you those extensions.
But if you've just sat on your hands, then forget about it.
No, short answer.
Well, they can be fun, but they're not easy.
The difficulty with a judgment summons is it is a quasi criminal procedure that has to be adopted.
It used to be Section 5 of the Debtors Act in the in the old, old days, was the sort of the stock response when somebody didn't pay up, but the Human Rights Act came along inconveniently and reminded the courts that they had to follow things like procedure and fairness.
Showing 221–240 of 311 · page 12 of 16
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