Enforcement of financial remedy orders
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What is the purpose of enforcing financial remedy orders and why does it matter?
Mm-hmm
where the lump sum is expressed from the proceeds of sale of a specific property, in which case where you've got that order for sale, it's secured instantly by way of an equitable charge.
Yeah.
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 they've got an indefinite shelf life.
Welcome to the Resolution Podcast with me Anita Meta.
And me, Simon Blake.
Today we are starting our mini-series into enforcement. Because what is the point of a court order if you cannot enforce it? We are starting our series with a bang, because today we are joined by Christopher Sterling and Cara Swift to teach us all about enforcing financial remedy orders. So before we get going, Chris, would you mind introducing yourself first?
Yes, of course. My name is Christopher Sterling. I am a barrister. I specialise in financial remedies and also in contested chancery work, as probably not long called that anymore. It's now property and business work, but essentially telata, contested estates, charging orders, all those sorts of things. So this enforcement is very much of my area as it it sits across. costs both the family and the civil jurisdictions.
And Kara.
Hi, thank you so much. Chris and I hope to bring a bit of life towards uh a bit of a technical area, but very important. I'm a senior associate at Family Law and Partnership, a specialist firm in London that have a unique approach to family law and Although I advise on all aspects of family law, I've increasingly seen issues of enforcement over the last ten years. And Chris and I have had most recently a pretty tricky case, I think we'd say, when the majority of assets are abroad. And so I think that that's really brought to the fore some tips that we can hopefully share with you today.
That's great because I think all of us dread when enforcement becomes an issue, don't we, that the obtaining of the order for so long is the is what you were fixated on and you think that you've achieved your goals once you get your lovely order and then it starts to be breached and you'd have to go all the way back to the beginning. So Standing back, broad terms, in terms of enforcement procedure, where where should we be starting?
And I think that's where we are quite lucky, if I do say, is that the approach to enforcement in the family courts is unique. An applicant doesn't necessarily have to select one specific method. It's possible to apply for enforcement by many methods all at the same time. are the really helpful general form D fifty K application, which is by such method as the court may consider appropriate. That allows the applicant to effectively keep their powder dry. Either because they don't want to encourage the other person to take specific steps of diversion, or they don't have sufficient up to date information to inform their decisions. The substantive enforcement proceedings will obviously mandate disclosure in form E one.
But the hybrid procedure also allows for oral examination, with the debtor being cross-examined if necessary at that hearing. And so that's where it's quite special in that way. And the methods of of enforcement that we'll go through hopefully a little bit more, some of those are going to be the attachment of earnings orders, third party debt orders, we have the charging order, warrants of control, and the appointment of a receiver. But Notably that doesn't include committal, which requires a separate application and and probably a whole nother podcast. So I we won't touch on that too much today but Just while we're looking at the procedural aspects, I think would be remiss not to touch on any pre action considerations.
particularly in light of the current focus of continued consideration of N C DR. And obviously we've got the case of in twenty fourteen of Man and Man where Most and Jay adjourned what were specifically enforcement proceedings to allow for mediation.
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Chapters
8 chapters
1
What is the purpose of enforcing financial remedy orders and why does it matter?
0:00–4:21
2
How do recital clauses affect enforceability and what drafting pitfalls should be avoided?
4:21–11:41
3
What are the steps to enforce a property‑adjustment order after a final decree?
11:41–20:30
4
When and how can an Order for Sale under S.24A be used as standalone relief?
20:30–28:03
5
What are charging orders, how are they obtained and why do they have an indefinite shelf‑life?
28:03–35:38
6
How do interim and final third‑party debt orders work to secure funds before enforcement?
35:38–42:52
7
What are the requirements for enforcing costs and periodical‑payment orders?
42:52–51:30
8
Which enforcement tools (warrants of control, judgment summons, receivers, etc.) are available as last resorts?
51:30–57:18