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Katherine Illsley#2240

Katherine Illsley

4 King’s Bench Walk

Katherine’s family practice covers matrimonial finance, TOLATA, Schedule 1, and private law children proceedings. She has experience acting for local authorities, guardians and parents in public law children cases, including in cases involving allegations of non-accidental injuries.

Katherine also is regularly instructed in housing and property work, and due to the frequent crossover with family law has a particular interest in cases involving trusts.

Contributed to

263

A spouse has transferred the jointly held legal title of the matrimonial home to the sole name of the other spouse who has bought out their share. Can that spouse subsequently register a home rights notice on the same property? What is the position if they have no intention of occupying the property? Can the now sole owner spouse make an application for removal of the home rights notice in such circumstances?
A spouse has transferred the jointly held legal title of the matrimonial home to the sole name of the other spouse who has bought out their share. Can that spouse subsequently register a home rights notice on the same property? What is the position if they have no intention of occupying the property? Can the now sole owner spouse make an application for removal of the home rights notice in such circumstances?
Q&As
A teenage child has been placed with another family member under an interim care order and attends a fee-paying school funded by the maternal grandparents. Can the local authority (LA) seek an order to change the schooling arrangements under the interim care order where one of the parents objects, or does the LAs parental responsibility pursuant to the interim order override the natural parent’s parental responsibility?
A teenage child has been placed with another family member under an interim care order and attends a fee-paying school funded by the maternal grandparents. Can the local authority (LA) seek an order to change the schooling arrangements under the interim care order where one of the parents objects, or does the LAs parental responsibility pursuant to the interim order override the natural parent’s parental responsibility?
Q&As
A tenancy was solely in Party A’s name and has recently, via property adjustment order, been transferred solely into Party B’s name. Under the right to buy scheme, would Party B need to wait three years from the date of the property adjustment order, or three years from the date of the original tenancy agreement? Would the position change if the first year of the original tenancy was an introductory tenancy?
A tenancy was solely in Party A’s name and has recently, via property adjustment order, been transferred solely into Party B’s name. Under the right to buy scheme, would Party B need to wait three years from the date of the property adjustment order, or three years from the date of the original tenancy agreement? Would the position change if the first year of the original tenancy was an introductory tenancy?
Q&As
A tenant has served a section 42 notice requesting a new lease for a term of 999 years at a nil ground rent. Given that under the Leasehold Reform, Housing and Urban Development Act 1993 the tenant is only entitled to a 90-year extension, will the section 42 notice be invalid?
A tenant has served a section 42 notice requesting a new lease for a term of 999 years at a nil ground rent. Given that under the Leasehold Reform, Housing and Urban Development Act 1993 the tenant is only entitled to a 90-year extension, will the section 42 notice be invalid?
Q&As
A tenant holds over following the expiry of a Landlord and Tenant 1954 protected lease. The term commencement date in the renewal lease will be six months after the expiry of the original lease. The parties want to roll over the tenant’s repairing obligations and dilapidations liability from the original lease into the new lease. Does the gap between the expiry of the old lease and commencement of the new lease affect the parties’ ability to do this?
A tenant holds over following the expiry of a Landlord and Tenant 1954 protected lease. The term commencement date in the renewal lease will be six months after the expiry of the original lease. The parties want to roll over the tenant’s repairing obligations and dilapidations liability from the original lease into the new lease. Does the gap between the expiry of the old lease and commencement of the new lease affect the parties’ ability to do this?
Q&As
A tenant of a 99-year lease was granted consent to carry out alterations 40 years ago. The plans attached to the licence have been lost and it is possible that additional alterations have been carried out. The landlord does not have copies of the original plans. How should the tenant approach dilapidations and the question of which alterations should be reinstated?
A tenant of a 99-year lease was granted consent to carry out alterations 40 years ago. The plans attached to the licence have been lost and it is possible that additional alterations have been carried out. The landlord does not have copies of the original plans. How should the tenant approach dilapidations and the question of which alterations should be reinstated?
Q&As
An individual had an interest in various properties as a tenant in common and his Will provided that his interest should be transferred to his wife on his death. Can his interest in those properties be transferred without involving the other co-owners?
An individual had an interest in various properties as a tenant in common and his Will provided that his interest should be transferred to his wife on his death. Can his interest in those properties be transferred without involving the other co-owners?
Q&As
Are there any cases in which the court has considered the grant of parental responsibility under section 12(2A) of the Children Act 1989?
Are there any cases in which the court has considered the grant of parental responsibility under section 12(2A) of the Children Act 1989?
Q&As
Are there any circumstances in which ‘irrevocable authority’ can be revoked? The context here the landlord will confirm in a document that they give their irrevocable authority for the tenant to complete a document, which the landlord will have previously executed in escrow. Is there any risk of the irrevocable authority being revoked?
Are there any circumstances in which ‘irrevocable authority’ can be revoked? The context here the landlord will confirm in a document that they give their irrevocable authority for the tenant to complete a document, which the landlord will have previously executed in escrow. Is there any risk of the irrevocable authority being revoked?
Q&As
Are there any reported cases where the relationship between a same-sex couple who have a surrogate child has broken down prior to a parental order being made, so that parental responsibility remains with the legal mother and one of the couple as the father? Have there been any other significant surrogacy decisions since Re H (a child) [2017] EWCA Civ 1798, [2017] All ER (D) 141 (Nov)?
Are there any reported cases where the relationship between a same-sex couple who have a surrogate child has broken down prior to a parental order being made, so that parental responsibility remains with the legal mother and one of the couple as the father? Have there been any other significant surrogacy decisions since Re H (a child) [2017] EWCA Civ 1798, [2017] All ER (D) 141 (Nov)?
Q&As
Are there any rules around the recording of Child Protection Conferences? Can individuals record them via an electronic device despite the usual warning from the IRO about this? What offences might be committed?
Are there any rules around the recording of Child Protection Conferences? Can individuals record them via an electronic device despite the usual warning from the IRO about this? What offences might be committed?
Q&As
As the Equality Act 2010 does not state who is liable for the costs of compliance, does this mean that the landlord will always be responsible for the costs of compliance in respect of premises let or to be let?
As the Equality Act 2010 does not state who is liable for the costs of compliance, does this mean that the landlord will always be responsible for the costs of compliance in respect of premises let or to be let?
Q&As
Assuming that an arrangement under section 20 of the Children Act 1989 can only be ended by a parent expressly objecting to the continuation of section 20 and that parent being both willing and objectively able to accommodate the child themselves, is it right that a looked after child (LAC) under section 20 who attends a 38-week residential school placement returns home because the child’s school is closed due to coronavirus (COVID-19) (for two weeks) retains LAC status?
Assuming that an arrangement under section 20 of the Children Act 1989 can only be ended by a parent expressly objecting to the continuation of section 20 and that parent being both willing and objectively able to accommodate the child themselves, is it right that a looked after child (LAC) under section 20 who attends a 38-week residential school placement returns home because the child’s school is closed due to coronavirus (COVID-19) (for two weeks) retains LAC status?
Q&As
Can a civil partner register home rights against the former family home owned by the other civil partner and in relation to which there is a restriction in the proprietorship register referring to a discretionary trust (which names the civil partners and two other people)?
Can a civil partner register home rights against the former family home owned by the other civil partner and in relation to which there is a restriction in the proprietorship register referring to a discretionary trust (which names the civil partners and two other people)?
Q&As
Can a clause be included in a clean break consent order for a party to pay the other parties' costs of divorce if a costs order has already been made at decree nisi?
Can a clause be included in a clean break consent order for a party to pay the other parties' costs of divorce if a costs order has already been made at decree nisi?
Q&As
Can a district judge grant the decree nisi at the first appointment of a financial remedy application, where both parties are present and in agreement that the decree nisi should be pronounced?
Can a district judge grant the decree nisi at the first appointment of a financial remedy application, where both parties are present and in agreement that the decree nisi should be pronounced?
Q&As
Can a housing association tenant claim compensation for an improvement for an extension to the property when its lease comes to an end as a result of the tenant acquiring the property pursuant to a voluntary acquisition scheme operated by the association?
Can a housing association tenant claim compensation for an improvement for an extension to the property when its lease comes to an end as a result of the tenant acquiring the property pursuant to a voluntary acquisition scheme operated by the association?
Q&As
Can a lease that has been granted for a term of five years with security of tenure, contain a rent review clause to take effect on the fifth anniversary of the lease, on the basis that the lease may continue under section 24 of the Landlord and Tenant Act 1954?
Can a lease that has been granted for a term of five years with security of tenure, contain a rent review clause to take effect on the fifth anniversary of the lease, on the basis that the lease may continue under section 24 of the Landlord and Tenant Act 1954?
Q&As
Can a local authority enforce a statutory charge over a property created under section 22 of the Health and Social Services and Social Security Adjudications Act 1983, where the person is not deceased?
Can a local authority enforce a statutory charge over a property created under section 22 of the Health and Social Services and Social Security Adjudications Act 1983, where the person is not deceased?
Q&As
Can a local authority’s right of first refusal on the sale of a former right to buy property apply only to the first relevant disposal or does it extend to subsequent relevant disposals within the ten-year period in the Housing (Right of First Refusal) (England) Regulations 2005, SI 2005/1917? If a local authority rejects an offer to buy-back a property and the former tenant disposes of it as they wish, would a subsequent buyer within the ten-year period be bound by the same local authority right of first refusal requirements?
Can a local authority’s right of first refusal on the sale of a former right to buy property apply only to the first relevant disposal or does it extend to subsequent relevant disposals within the ten-year period in the Housing (Right of First Refusal) (England) Regulations 2005, SI 2005/1917? If a local authority rejects an offer to buy-back a property and the former tenant disposes of it as they wish, would a subsequent buyer within the ten-year period be bound by the same local authority right of first refusal requirements?
Q&As
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Practice Areas

Panels

  • Contributing Author
  • Q&A Panel
  • Specialist Panel

Qualified Year

  • 2010

Membership

  • Middle Temple
  • Family Law Bar Association
  • Association of Lawyers for Children

Education

  • BA in English Language and Literature, 2:1, University of Oxford
  • GDL, Oxford Brookes University, Merit
  • BVC, College of Law, Very Competent
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