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

So that's the first thing to bear in mind.

As far as the actual transfer, though, of the legal title is concerned, sometimes, of course, parties simply refuse to sign the documents or just disappear.

And in those circumstances, you can make recourse to section 39 of the Senior Courts Act.

And the procedure for that is very fully set out in a judgment of Judge Hesse's, in a case called Welch and Welch from 2020.

But in very, very broad brush, that says that what you should do first of all is send obviously a draft of the document, usually a TR1, for the signature.

If they don't respond, you then apply for an order on notice, seeking a timescale.

If they don't comply with that timescale, once the order is made, you can then apply without notice for the court to direct that either the judge signs it or that it

Is signed by some other person.

And I would flag up that second aspect.

And this is something that's that I become aware of, I think, a little bit, sitting on the other side of the fence, sitting part-time judicially as a recorder, because in the old days, of course, these applications came before judges literally on the paper in a file with the TR1 attached, and the judge could sign it.

But of course nowadays they come to judges on the portal electronically and it's actually quite difficult.

So it's often more convenient for the judge to nominate the conveyancing solicitor.

And so in the application, a useful tip is to provide details, to provide that as an alternative, and to provide details of the conveyancer, because they can nominate the senior partner in the conveyancing firm to sign the document.

And that's often easier than the judge having to try and electronically sign a document through the portal, which is not

straightforward.

But you can short circuit that, and that goes back to the point I said at the outset about thinking about enforcement right from the get go.

There is a decision of Michael Horton KC sitting as a deputy district judge that suggested that you could make section thirty nine order at the time of the initial order.

I think that might stretch the authorities, and there's a lot of civil authorities on this, because one of the essential components is the fact there's been a breach.

But there is a hybrid procedure that I often put in orders that I draft, and also sometimes when make these orders, which says that a party must, within the order itself, you say, the party who is transferring must sign the relevant documents when presented to them by the conveyancing solicitors within seven or fourteen days, and in default thereof, there can be an application on the papers, often to the judges may.

The final order, if they've been very nice and say you can do it that way.

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