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 it's very, very useful.

I mean, many years ago I was instructed by solicitors who'd had a cost order outstanding for ten years.

And we went in front of the district judge and said, Well, you can't do this, it's more than six years.

No, no, no, we can.

And uh the the judge in question, who became a circuit judge and is now retired, I won't mention his name, but even he accepted that there was no time limit.

And and he just he just wanted to call us all in on the vote notice to make sure that we appreciated the law properly.

So there is no time limit apart from interest.

Interest you can only get on the judgment debt for a maximum of six years under Limitation Act, Section 241A.

You don't need, as I say, not only is there no time limit, you don't even need permission, because some other forms of execution, you need permission if it's more than six years.

That's not the case in respect of charging orders, and the Court of Appeal confirmed they were certainly not going to impute such a restriction which doesn't exist under the Charging Orders Act.

And uh they've got an indefinite shelf life.

So one thing you might want to think about, I mean, if you've got a case where there's a lump sum order and you know they own a property and it's for example in negative or minimal equity

You may as well still get the charging order because you've then got security and it might be many, many years later.

But then you can enforce it.

And once you've got the charging order, the interest under the charging order is independent of the interest under the judgment, and therefore the six-year limitation doesn't apply.

So that's another thing to be aware of.

The process itself, as you rightly say, the first stage is very straightforward and it's done without notice.

And that means you can get it very quickly and without alerting the other side.

And what you might want to do, going back to what Cara said a little bit earlier about the combination between orders for sale under 24A and charging orders, is of course, you can go for both.

And you might want to think, right, we're going to make an application under 24A.

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