Vivien Croly publishes case summary in the Financial Remedies Journal on the case GH v H [2024] EWHC 2869 (Fam), concerning enforcement of sums due to a third party / child of the marriage, interest on periodical payments and fixed costs in family proceedings.
On W’s application, an interim changing order was made final in respect of sums to be paid to a third party/child of the marriage, with interest granted on the unpaid periodical payments.
In reaching his decision, the judge determined three issues of relevance:
- Whether a charging order can be made in respect of sums to be paid to a third party / child of the marriage. The court held that it can.
- Whether interest had accrued on periodical payments ordered but unpaid. The court held that it had.
- Whether the fixed cost regime in CPR Part 45 applies to the making of a final charging order in family proceedings, and if so, the circumstances in which the court can and should order otherwise. The court held that CPR Part 45 and fixed costs did apply, but that the circumstances of this case justified it to ‘order otherwise’ and disapply the fixed costs regime.
Read the full case summary here.
Vivien specialises in marriage and relationship breakdowns involving finance and children, including ToLATA matters and applications made under Schedule 1 Children Act 1989. She was shortlisted for Family Law Young Barrister of the Year at the Lexis Nexis Family Law Awards 2024. Find out more about Vivien here.