LEXISNEXIS_ICON4_SIGNIN Contact us
Contact us
David Nicholls#6164

David Nicholls

Barrister, Landmark Chambers
Contributed to

14

Discharge from bankruptcy
Discharge from bankruptcy
Practice notes

This Practice Note, produced in partnership with David Nicholls of Landmark Chambers, considers what discharge from bankruptcy is, when it occurs, and what effect it has on the bankrupt and their creditors.

Effect of the debtor's death on an insolvency process
Effect of the debtor's death on an insolvency process
Practice notes

This Practice Note looks at what happens where an individual debtor dies before or after bankruptcy proceedings are commenced against them, and before and after an individual voluntary arrangement they have proposed is approved by their creditors. This Practice Note is produced in partnership with David Nicholls of Landmark Chambers.

Interim orders and individual voluntary arrangements (IVAs)
Interim orders and individual voluntary arrangements (IVAs)
Practice notes

This Practice Note, produced in partnership with David Nicholls of Landmark Chambers, considers interim orders made in the context of individual voluntary arrangements (IVAs). Interim orders prevent legal proceedings against debtors—and execution against debtors’ property—from being commenced or continued with, except with the leave, or permission, of the court while the debtor’s IVA proposal is considered by creditors.

The process of entering into an individual voluntary arrangement (IVA)
The process of entering into an individual voluntary arrangement (IVA)
Practice notes

This Practice Note, produced in partnership with David Nicholls of Landmark Chambers, looks at the process by which a debtor proposes and enters into an individual voluntary arrangement (IVA) with their creditors.

If an interim charging order has not been registered at HMLR and the final order has been obtained, is it still necessary to register the interim one? Or can just the final one be registered?
If an interim charging order has not been registered at HMLR and the final order has been obtained, is it still necessary to register the interim one? Or can just the final one be registered?
Q&As
In a tenancy originally protected by the Rent Act 1977, which then became a statutory tenancy on expiry of the contractual term, what are the tenant’s repairing obligations?
In a tenancy originally protected by the Rent Act 1977, which then became a statutory tenancy on expiry of the contractual term, what are the tenant’s repairing obligations?
Q&As
In accelerated possession proceedings, is it possible for the claimant to file and serve a witness statement in support of their claim, where the defendant has already filed and served a defence?
In accelerated possession proceedings, is it possible for the claimant to file and serve a witness statement in support of their claim, where the defendant has already filed and served a defence?
Q&As
Section 3 of the Leasehold Property (Repairs) Act 1938 (LP(R)A 1938) provides that LP(R)A 1938 will not apply to a breach of a covenant or agreement in so far as it imposes on the lessee an obligation to put premises in repair that is to be performed upon the lessee taking possession of the premises or within a reasonable time thereafter. Is there any guidance or case law on a tenant claiming the protection of this provision?
Section 3 of the Leasehold Property (Repairs) Act 1938 (LP(R)A 1938) provides that LP(R)A 1938 will not apply to a breach of a covenant or agreement in so far as it imposes on the lessee an obligation to put premises in repair that is to be performed upon the lessee taking possession of the premises or within a reasonable time thereafter. Is there any guidance or case law on a tenant claiming the protection of this provision?
Q&As
Section 77 of the Building Act 1984 makes it a summary offence for a person not to comply with a magistrates’ court order made in respect of a dangerous building/structure. Is there a similar offence for which a person can be prosecuted under the London Building Acts (Amendment) Act 1939 (LBA(A)A 1939) for not complying with a court order made under LBA(A)A 1939, s 64? Is there a time limit to making the application to court following service of a notice under LBA(A)A 1939, s 62 or is it a continuing offence?
Section 77 of the Building Act 1984 makes it a summary offence for a person not to comply with a magistrates’ court order made in respect of a dangerous building/structure. Is there a similar offence for which a person can be prosecuted under the London Building Acts (Amendment) Act 1939 (LBA(A)A 1939) for not complying with a court order made under LBA(A)A 1939, s 64? Is there a time limit to making the application to court following service of a notice under LBA(A)A 1939, s 62 or is it a continuing offence?
Q&As
What is the post April 2013 procedure for applying for an extension of time to register a charge at Companies House? What are the requirements and what is the court fee?
What is the post April 2013 procedure for applying for an extension of time to register a charge at Companies House? What are the requirements and what is the court fee?
Q&As
What is the status of a lease with an uncertain term, in particular can it validly exclude the provisions of the Landlord and Tenant Act 1954 and how can it be terminated?
What is the status of a lease with an uncertain term, in particular can it validly exclude the provisions of the Landlord and Tenant Act 1954 and how can it be terminated?
Q&As
Where a lease by renewal of an original lease requires the tenant (who is the original tenant) to remove ‘all alterations installed by the tenant’, would that apply to alterations made by the tenant under the original lease or only those made since the renewal lease?
Where a lease by renewal of an original lease requires the tenant (who is the original tenant) to remove ‘all alterations installed by the tenant’, would that apply to alterations made by the tenant under the original lease or only those made since the renewal lease?
Q&As
Where a lender agrees to its borrower obtaining the grant of a new extended residential lease and the existing lease is already in charge to it, can it safely rely on section 58(4) of the Leasehold Reform, Housing and Urban Development Act 1993 so that a deed of substituted security is rendered unnecessary?
Where a lender agrees to its borrower obtaining the grant of a new extended residential lease and the existing lease is already in charge to it, can it safely rely on section 58(4) of the Leasehold Reform, Housing and Urban Development Act 1993 so that a deed of substituted security is rendered unnecessary?
Q&As
Where there are rent arrears for more than one quarter, if the tenant makes a payment is it automatically set off against the earliest arrears or does the landlord/tenant get to choose (which would therefore have an impact on interest liability)?
Where there are rent arrears for more than one quarter, if the tenant makes a payment is it automatically set off against the earliest arrears or does the landlord/tenant get to choose (which would therefore have an impact on interest liability)?
Q&As

Practice Area

Panel

  • Contributing Author

Qualified Year

  • 2002

Membership

  • Chancery Bar Association
  • Property Bar Association

Qualifications

  • 2002 BVC
  • 2001 Diploma in Law
  • 1999 BA Hons (Theology)

Education

  • 2002 Inns of Court School of Law (BVC)
  • 2001 City University (Diploma in Law)
  • 1996–1999 Oxford University (Keble College) BA Hons
  • 1988–1995 Haberdashers’ Aske’s School
Lexis+
Clear, practical guidance for all legal professionals

If you expected to see yourself on this page, click here.