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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Recordings per month over the last 12 months — 1 in all, peaking in Jun 2026 with 1.

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

and uh it made life much more difficult.

There's a lengthy procedure set out in the FPR at sort of 33.9 and 33.17, and I'm not going to go into it in huge detail at all.

Um, it tends to be last resort because of its difficulty, and because of course the remedy at the end of the day is is is a threat of prison.

It doesn't actually get you the money necessarily.

What you have to show is to the criminal standard of proof, thus beyond all reasonable doubt, that the person had since the date of the order the means to pay the sum that's now in default, and has refused or neglected to make the payment.

Now there's been a degree of judicial debate as to whether or not about burdens of proof arising.

This was started off shock horror by Mr.

Justice Moston in a case called Burr and Burrow, where he said that if the court had concluded that the party was able to pay the sum of money at the time they made the original order, that effectively this raised an evidential burden of

upon the judgment debtor to show that they weren't able to pay it when the money fell due.

Case called pressed oppressed, the Court of Appeal said no, that's wrong.

Uh the burden throughout, because it's a quasi-criminal procedure, is on the person bringing the case.

Moston fired back.

I I sometimes describe this series of cases in in terms of the Star Wars trilogy.

Uh that Moston starts it off with Star Wars, then we've got the Court of Appeal and the Empire Strikes Back, and then uh Moston's The Revenge of the Jedi.

The problem is there's a fourth one, and then I get into all sorts of difficulty about whether I go to the pre canon or the post.

So, you know, it gets all very complicated.

No, I know, bruining it here with this um uh stompers.

I'm so I've lost everybody at this point.

But anyway, effectively the the the the most recent decision in in the Barclay case, Barclays Barclay brothers, of course, the um reclusive owners of the or one point owners of the Daily Telegraph, um there was a judgment summons against them.

It's quite quite clear, must it's just Conan as they uh was um said no no no the burden of proof is throughout, there's no evidential burden on the judgment.

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