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Charging orders for unpaid legal fees cannot be made against spousal support payments.
The appellant's former solicitor obtained a charging order under the Solicitors Act against all sums receivable by the appellant under a divorce judgment, including spousal support arrears, for unpaid legal fees.
The appellant appealed the order.
The Court of Appeal allowed the appeal, holding that as a matter of law and public policy, charging orders should not be made against spousal support payments, as support is distinct from property and is intended to address demonstrable need.
Failure to disclose justified adverse inference and full remittance order.
The appellant challenged an order requiring it, as an income source for a support payor, to remit support enforcement funds to the respondent.
The appellant accepted that the evidentiary findings against it were supported but argued that the court should nonetheless have made a reasonable estimate of income despite missing disclosure.
The Court of Appeal held that, given the appellant's knowledge of the substantial claim and its failure to produce documents that could resolve the dispute, the judge was entitled to draw an adverse inference and accept the amount claimed.
The appeal was dismissed with costs.
