Kara Swift

speaker

187 appearances 1 recordings 1 series first heard Jun 2026 last heard 29 Jun

Kara Swift’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

Are they gonna get to the stage where they're behind bars knowing the state of the criminal justice system and the rest of it?

not many people get there, although Chris and I will say that we have seen them.

Sure, I'll I'll lead off with two, which is that whilst we're talking about last resorts

We do obviously have receivers.

They're seen as a remedy of last resort probably not just by the courts, but by clients due to the expense.

the courts got to be satisfied that there are no other methods of enforcement that will suffice.

And obviously clients have got to pay to retain the receiver.

They may also be required to give some form of security.

Uh and the fees are ultimately going to come out of the recovered assets.

So there's always the cost-benefit analysis uh when you look at these.

Uh however, uh and I've seen it that where the assets warrant it, they can obviously be extremely useful, particularly where you've got uh difficult assets and complex structures or where the assets are held abroad and and we can

come unstuck a little bit, I think, as soon as we're starting to look at foreign assets.

there are well versed receivers out there in being able to do the the trace and the access of that.

But it comes at a cost and a court's going to want you to have exhausted every other option really fast.

Then my last point really, last who roll.

We've got blight and brewster orders, which I know Chris touched on earlier because he gets rather excited about stuff that comes out of the civil sphere.

But from a series of civil decisions, it's been established that the court can make an order under section thirty-seven of the Senior Courts Act that compels a debtor to draw down on their pension entitlements.

And this isn't that often used because it has to be from a a private pension.

And so they do have sort of limited application.

But where they are available interestingly extends beyond just the tax free lump sum that they can take.

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