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.

Trend

recordings per month · last 12 months

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

Appearances

newest first · ▶ plays the moment

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

Well, that all depends.

If it is simply a plain vanilla lump sum, it is not capable of variation.

If it is a series of lump sums, it is not capable of variation.

If it is a lump sum by instalments, it falls within the definition of those forms of orders that can be varied.

But the case law has said, and the the case of

disappeared out of my head.

I'm uh not anticipating this question.

But the the the case law says that it'll be very rare that the amount to be paid will be varied.

What is likely to be varied if anything are the terms and timing of the payment.

It it is indeed.

Yes.

Well come on to charging orders, but basically, apart from uh warrants of control, which are specifically said to be unenforceable when an application for variation comes in, no other method of enforcement must be stopped.

merely by fact with variation application.

And of course if somebody applies to to vary an absolute lump sum, well there's simply no jurisdiction to do so.

So I mean that's the end of the matter.

So if you're supposed to be paid a hundred thousand pounds and they haven't paid and they said, Oh, I can't pay it anymore, well that's no answer to an interim charging order.

All right, so charging orders I think are the the the greatest form of enforcement.

I always get very excited about charging orders and I know that really reveals that I should get out more, but they can be applied in respect of real property, obviously, also in relation to shares in companies.

One of the very useful things about them is there's no formal time limit in respect of when you've got a judgment or a costs order after which, you know, but you can't apply for a charging order.

And there's a House of Lords cases that then was and Losley and Forbes that establishes that.

Showing 101–120 of 311 · page 6 of 16