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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

Public children—interaction between criminal and care proceedings
Public children—interaction between criminal and care proceedings
Practice notes

This Practice Note sets out the general approach to public children care proceedings where there are concurrent or imminent criminal proceedings, including the requirements of the Family Procedure Rules 2010 (FPR 2010) and case management issues, together with the protocol on the disclosure of information between family and criminal agencies and jurisdictions (the 2024 protocol) (which replaced the 2013 protocol and good practice model on disclosure of information in cases of alleged child abuse and linked criminal and care directions hearings), as to the disclosure of evidence from criminal proceedings into the family proceedings and vice versa. It also includes guidance on post-conviction disclosure from, for example, HM Prison and Probation Service (HMPPS).

Is it possible for a cohabitation contract to provide that the ownership of the family home shall remain solely with one party (legally and beneficially) to exclude any right of action that the other party might have regarding a claim for a beneficial interest in the property using any of the principles of proprietary estoppel, common intention constructive trust, or equitable accounting?
Is it possible for a cohabitation contract to provide that the ownership of the family home shall remain solely with one party (legally and beneficially) to exclude any right of action that the other party might have regarding a claim for a beneficial interest in the property using any of the principles of proprietary estoppel, common intention constructive trust, or equitable accounting?
Q&As
Is it possible for the parties in family proceedings to make a joint application to vary an order for sale?
Is it possible for the parties in family proceedings to make a joint application to vary an order for sale?
Q&As
Is planning permission required for a shepherd's hut on land or for general camping in the summer for someone's own personal enjoyment?
Is planning permission required for a shepherd's hut on land or for general camping in the summer for someone's own personal enjoyment?
Q&As
Is there a different procedure for forfeiture of a protected business tenancy where the lease provides for the tenant to occupy part as its residence? Which part of CPR Part 55 applies?
Is there a different procedure for forfeiture of a protected business tenancy where the lease provides for the tenant to occupy part as its residence? Which part of CPR Part 55 applies?
Q&As
Is there a form for the summary assessment of means as to the respective contributions of the parties towards the costs of an expert in private law children proceedings? If not, how will the court make an assessment of what the parties’ contributions should be?
Is there a form for the summary assessment of means as to the respective contributions of the parties towards the costs of an expert in private law children proceedings? If not, how will the court make an assessment of what the parties’ contributions should be?
Q&As
Is there a method of removing parental responsibility from a divorced father (who was married to the mother at the time of the child's birth) by consent or otherwise?
Is there a method of removing parental responsibility from a divorced father (who was married to the mother at the time of the child's birth) by consent or otherwise?
Q&As
Is there a specific period of time for which the courts in England and Wales will retain jurisdiction in a children matter after the child has moved to, and is habitually resident in, a non-EU Member State?
Is there a specific period of time for which the courts in England and Wales will retain jurisdiction in a children matter after the child has moved to, and is habitually resident in, a non-EU Member State?
Q&As
Is there a time limit for the enforcement of a financial order made on divorce which provides for the transfer of a property from one party to the other? Where the order was made several years ago, can an application be made for execution of the TR1 Form without notice to one party if they cannot be located? To what extent will the other party need to evidence the steps taken to seek to implement the terms of the order in relation to the transfer?
Is there a time limit for the enforcement of a financial order made on divorce which provides for the transfer of a property from one party to the other? Where the order was made several years ago, can an application be made for execution of the TR1 Form without notice to one party if they cannot be located? To what extent will the other party need to evidence the steps taken to seek to implement the terms of the order in relation to the transfer?
Q&As
Is there any case law on designation of a supervision order specifically looking at the wording in paragraph 9(1)(b) of Schedule 3 to the Children Act 1989 which says ‘or will live within their area’? Must the intent to live in the area be backed up with proof, for example a tenancy agreement or something similar?
Is there any case law on designation of a supervision order specifically looking at the wording in paragraph 9(1)(b) of Schedule 3 to the Children Act 1989 which says ‘or will live within their area’? Must the intent to live in the area be backed up with proof, for example a tenancy agreement or something similar?
Q&As
Is there any guidance for local authorities and their powers to enforce contact tracing regarding the new National Health Service coronavirus (COVID-19) app?
Is there any guidance for local authorities and their powers to enforce contact tracing regarding the new National Health Service coronavirus (COVID-19) app?
Q&As
Is there any guidance on what to expect from a global family assessment in parental alienation cases?
Is there any guidance on what to expect from a global family assessment in parental alienation cases?
Q&As
Is there any provision under sections 12-15 of the Trusts of Land and Appointment of Trustees Act 1996 (or in case law) which allows a party to bring within the quantification of the beneficial interest a party’s pension contributions when the other seeks an order for sale?
Is there any provision under sections 12-15 of the Trusts of Land and Appointment of Trustees Act 1996 (or in case law) which allows a party to bring within the quantification of the beneficial interest a party’s pension contributions when the other seeks an order for sale?
Q&As
Is there any reason why a transfer of registered property cannot be witnessed by a resident of another country?
Is there any reason why a transfer of registered property cannot be witnessed by a resident of another country?
Q&As
Is there any reason why additional property could not be included in the statutory renewal of a long residential lease by reference to an existing lease?
Is there any reason why additional property could not be included in the statutory renewal of a long residential lease by reference to an existing lease?
Q&As
Is there case law authority where a respondent to an unreasonable behaviour petition allows the divorce to proceed on an undefended basis, that the petitioner cannot then within other proceedings, such as a financial remedy, refer to the fact that the petition was not defended and rely on the particulars in the petition?
Is there case law authority where a respondent to an unreasonable behaviour petition allows the divorce to proceed on an undefended basis, that the petitioner cannot then within other proceedings, such as a financial remedy, refer to the fact that the petition was not defended and rely on the particulars in the petition?
Q&As
Is there case law on whether a year in industry in the context of an undergraduate degree should be treated as part of the degree, where it has been agreed that child maintenance be paid until the end of a first degree?
Is there case law on whether a year in industry in the context of an undergraduate degree should be treated as part of the degree, where it has been agreed that child maintenance be paid until the end of a first degree?
Q&As
Must the competent landlord serve a section 45 counter-notice under the Leasehold Reform, Housing and Urban Development Act 1993 or can/must an intermediate landlord serve one too?
Must the competent landlord serve a section 45 counter-notice under the Leasehold Reform, Housing and Urban Development Act 1993 or can/must an intermediate landlord serve one too?
Q&As
On the understanding that under section 19 of the Landlord and Tenant Act 1987 (LTA 1987), there is a requirement for 14 days to have elapsed from service of any default notice and there is a three-month limit under LTA 1987, s 17 for the nominated person to avoid losing rights, would it be a breach of LTA 1987 if proceedings are issued to the court before the 14 days have elapsed under an LTA 1987, s 19(2) notice? Could a nominated party issue proceedings to the First-tier Tribunal before the 14 days have elapsed?
On the understanding that under section 19 of the Landlord and Tenant Act 1987 (LTA 1987), there is a requirement for 14 days to have elapsed from service of any default notice and there is a three-month limit under LTA 1987, s 17 for the nominated person to avoid losing rights, would it be a breach of LTA 1987 if proceedings are issued to the court before the 14 days have elapsed under an LTA 1987, s 19(2) notice? Could a nominated party issue proceedings to the First-tier Tribunal before the 14 days have elapsed?
Q&As
Public law children proceedings have been issued where the mother herself is a looked after child and the father of the child who is the subject of the proceedings had abused a position of trust. Where the local authority seeks permission to not serve the father with the proceedings, how exceptional must the circumstances be for the court to dispense with service on the father?
Public law children proceedings have been issued where the mother herself is a looked after child and the father of the child who is the subject of the proceedings had abused a position of trust. Where the local authority seeks permission to not serve the father with the proceedings, how exceptional must the circumstances be for the court to dispense with service on the father?
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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