GH v H

GH v H

The court has power to make a charging order in respect of sums due to a child under a financial order, interest accrues on unpaid periodical payments ordered in the High Court, and the fixed costs regime may be disapplied where the respondent's conduct justifies it.

Parties
Applicant: GH; Respondent: H
Jurisdiction
England and Wales
Judgment Date
11 December 2024
Procedural Posture
Family Financial Enforcement / Final Charging Order Application
Outcome
Final charging order granted; costs awarded on indemnity basis
Legal Topics
Enforcement of Financial Orders, Charging Orders, Interest on Periodical Payments, Fixed Costs Regime
Family Law Civil Procedure Enforcement of Financial Orders Charging Orders Interest on Periodical Payments Fixed Costs Regime

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Parties

GH

Applicant

H

Respondent

Procedural Posture

Family Financial Enforcement / Final Charging Order Application

Legal Issues

  1. 1 Whether a charging order can be made in respect of sums due to a third party (the child) under a financial order
  2. 2 Whether interest accrues on unpaid periodical payments ordered in the High Court
  3. 3 Whether the fixed costs regime under CPR 45 applies to final charging orders in family proceedings and when the court may order otherwise

Ratio Decidendi

The court has power to make a charging order in respect of sums due to a child under a financial order, interest accrues on unpaid periodical payments ordered in the High Court, and the fixed costs regime may be disapplied where the respondent's conduct justifies it.

Court Disposition

Final charging order granted; costs awarded on indemnity basis

Orders

  • Final charging order in the sum of £245,569.07 plus accruing interest over Flat 5A
  • Costs assessed at £22,500 plus VAT awarded to the applicant and included in the charging order