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Chris Bryden#617

Chris Bryden

Barrister, 4 King’s Bench Walk
Chris was called to the Bar in 2003 and since that time has built a busy practice across a range of areas, with an emphasis on Chancery practice. He enjoys a well-deserved reputation for his knowledge and expertise in each area. He appears regularly in the County Court, Family Court and the High Court as well as various specialist Tribunals, and has been involved in cases up to and including the Supreme Court. He regularly is instructed at Appellate level. He has extensive and wide-ranging experience particularly in the areas of wills, probate and inheritance disputes; property including adverse possession, boundary disputes and issues arising out of trusts of land; company and commercial work and financial remedies. Chris is head of the Family Group and head of the Property Team at 4KBW.

Chris is the author of numerous articles in publications such as the New Law Journal, Counsel and Family Law, amongst many other titles, and is the co-author of Social Media in the Workplace: A Handbook (2015, Jordan Publishing).
Contributed to

982

(A) established an inter vivos trust into which was placed her property for the benefit of her ‘descendants’. She now wishes her Will to include a number of pecuniary legacies which, in total, do exceed, and will probably exceed at death, her available (ie non trust) assets. What options are available to her in respect of the trust so that capital tied up in that trust could be released to pay, ultimately, the legacies?
(A) established an inter vivos trust into which was placed her property for the benefit of her ‘descendants’. She now wishes her Will to include a number of pecuniary legacies which, in total, do exceed, and will probably exceed at death, her available (ie non trust) assets. What options are available to her in respect of the trust so that capital tied up in that trust could be released to pay, ultimately, the legacies?
Q&As
(A) has just died and there is one named executor. One of the assets in the estate is a property currently being let by a commercial and residential tenant. The executor wants to take possession prior to administering the estate. Apart from the fact that an executor needs a grant to administer the estate (except when it is of minor value), is a grant required to take preparatory steps and then obtaining possession (ie service of notices, possession proceedings)?
(A) has just died and there is one named executor. One of the assets in the estate is a property currently being let by a commercial and residential tenant. The executor wants to take possession prior to administering the estate. Apart from the fact that an executor needs a grant to administer the estate (except when it is of minor value), is a grant required to take preparatory steps and then obtaining possession (ie service of notices, possession proceedings)?
Q&As
‘A’ has a 25% share in a property as a tenant in common and wants to settle the share onto inter vivos trusts. How can this be effected?
‘A’ has a 25% share in a property as a tenant in common and wants to settle the share onto inter vivos trusts. How can this be effected?
Q&As
A and B are co-owners of freehold property. They have exchanged a contract to sell it to C and the completion date has passed. A wants to serve a notice to complete on C, but B does not wish to do so. Can A do so unilaterally?
A and B are co-owners of freehold property. They have exchanged a contract to sell it to C and the completion date has passed. A wants to serve a notice to complete on C, but B does not wish to do so. Can A do so unilaterally?
Q&As
A and B jointly own a property subject to a Form A restriction. B historically lost capacity and appointed A as their sole attorney. Can A exercise their own statutory powers as trustee and those of B as attorney in order to appoint a new trustee along with A and B so as to give a good receipt for the capital monies arising on a sale of the property?
A and B jointly own a property subject to a Form A restriction. B historically lost capacity and appointed A as their sole attorney. Can A exercise their own statutory powers as trustee and those of B as attorney in order to appoint a new trustee along with A and B so as to give a good receipt for the capital monies arising on a sale of the property?
Q&As
A and B made an oral agreement to transfer land from A to B, B agreeing to fund and erect a fence on the new boundary, however the land was never legally transferred to B. B then sold its land to C. Can C rely on B’s conduct to claim an equity by estoppel in an application for adverse possession? What if A has since sold its land to D?
A and B made an oral agreement to transfer land from A to B, B agreeing to fund and erect a fence on the new boundary, however the land was never legally transferred to B. B then sold its land to C. Can C rely on B’s conduct to claim an equity by estoppel in an application for adverse possession? What if A has since sold its land to D?
Q&As
A charitable trust is looking to dissolve. The trust will spend all of its funds accordingly. What is the practical process for winding up a trust and, more specifically, what resolutions must be passed at the final meeting(s) of the board of trustees?
A charitable trust is looking to dissolve. The trust will spend all of its funds accordingly. What is the practical process for winding up a trust and, more specifically, what resolutions must be passed at the final meeting(s) of the board of trustees?
Q&As
A child has been brought to England from Ukraine. The father has commenced proceedings under the Children Act 1989 to prevent the child’s removal. The mother disputes jurisdiction and has made an application for return of the child to Ukraine under the Hague Convention. Ukraine is subject to Martial law and the Foreign, Commonwealth and Development Office advice is against all travel there. What is the legal impact of this on any application under the Hague Convention?
A child has been brought to England from Ukraine. The father has commenced proceedings under the Children Act 1989 to prevent the child’s removal. The mother disputes jurisdiction and has made an application for return of the child to Ukraine under the Hague Convention. Ukraine is subject to Martial law and the Foreign, Commonwealth and Development Office advice is against all travel there. What is the legal impact of this on any application under the Hague Convention?
Q&As
A child is born to unmarried parents outside the UK. The mother and child then move to England. The mother seeks sole parental responsibility for the child. Will the father’s parental responsibility be determined in accordance with the law in the child’s place of birth or in accordance with law in England and Wales?
A child is born to unmarried parents outside the UK. The mother and child then move to England. The mother seeks sole parental responsibility for the child. Will the father’s parental responsibility be determined in accordance with the law in the child’s place of birth or in accordance with law in England and Wales?
Q&As
A claimant is seeking an order under the Trusts of Land and Appointment of Trustees Act 1996 as to their beneficial interest in two properties of which they are also the legal owner. The value of the properties is unknown and the claimant’s interest is disputed, therefore the value of the claim is unclear. How will the issue fee for a claim under the Civil Procedure Rules 1998, Pt 7 procedure be calculated?
A claimant is seeking an order under the Trusts of Land and Appointment of Trustees Act 1996 as to their beneficial interest in two properties of which they are also the legal owner. The value of the properties is unknown and the claimant’s interest is disputed, therefore the value of the claim is unclear. How will the issue fee for a claim under the Civil Procedure Rules 1998, Pt 7 procedure be calculated?
Q&As
A claimant issued a claim for detriment as a result of making protected disclosures. Claimant then proposed financial settlement of their claims and agreed termination of employment, and a settlement agreement was entered into, with an effective date of termination of November 2019. The claimant subsequently applied for three permanent posts in February and March 2020 within their former team and was not shortlisted. They have now submitted claims for constructive unfair dismissal, and detriment (not being shortlisted). Can the employer bring a contract counterclaim for the claimant’s breach of the settlement agreement, or should the employer argue that the claimant has waived their unfair dismissal claim and therefore only respond to the alleged detriment re shortlisting?
A claimant issued a claim for detriment as a result of making protected disclosures. Claimant then proposed financial settlement of their claims and agreed termination of employment, and a settlement agreement was entered into, with an effective date of termination of November 2019. The claimant subsequently applied for three permanent posts in February and March 2020 within their former team and was not shortlisted. They have now submitted claims for constructive unfair dismissal, and detriment (not being shortlisted). Can the employer bring a contract counterclaim for the claimant’s breach of the settlement agreement, or should the employer argue that the claimant has waived their unfair dismissal claim and therefore only respond to the alleged detriment re shortlisting?
Q&As
A claimant landlord issues a debt claim against the current tenant for arrears of rent and a former tenant for the same arrears (it remains liable, following service of a section 17 notice). The former tenant files a defence and brings a claim for an indemnity from the current tenant (relying on the indemnity in the assignment). The claimant obtains default judgment for the full amount of arrears from the current tenant, but it remains unsatisfied, so it intends to proceed with its claim against the former tenant. What can the former tenant do?
A claimant landlord issues a debt claim against the current tenant for arrears of rent and a former tenant for the same arrears (it remains liable, following service of a section 17 notice). The former tenant files a defence and brings a claim for an indemnity from the current tenant (relying on the indemnity in the assignment). The claimant obtains default judgment for the full amount of arrears from the current tenant, but it remains unsatisfied, so it intends to proceed with its claim against the former tenant. What can the former tenant do?
Q&As
A claimant makes a without prejudice offer to a defendant. The defendant has seven days to accept this. The defendant accepted the offer after two weeks. If the claimant is still happy to keep the offer on the table, how should the claimant reply to the defendant? If the claimant does not revert to the defendant at all, but is happy to keep the offer on the table, is there an agreement?
A claimant makes a without prejudice offer to a defendant. The defendant has seven days to accept this. The defendant accepted the offer after two weeks. If the claimant is still happy to keep the offer on the table, how should the claimant reply to the defendant? If the claimant does not revert to the defendant at all, but is happy to keep the offer on the table, is there an agreement?
Q&As
A client has a right of way over an adjoining piece of unregistered land and has registered a caution against first registration in respect of that land. Can the caution against first registration be transferred to a purchaser? Or would the purchaser have to register their own caution against first registration?
A client has a right of way over an adjoining piece of unregistered land and has registered a caution against first registration in respect of that land. Can the caution against first registration be transferred to a purchaser? Or would the purchaser have to register their own caution against first registration?
Q&As
A client has extended their lease under section 39 of the Leasehold Reform, Housing and Urban Development Act 1993 and then extended it again voluntarily, is the peppercorn rent protected?
A client has extended their lease under section 39 of the Leasehold Reform, Housing and Urban Development Act 1993 and then extended it again voluntarily, is the peppercorn rent protected?
Q&As
A client has recently broken up with their partner who has been residing at their property rent-free for approximately 20 years. The client would now like their former partner to leave. The former partner made no contributions towards bills or the maintenance of the property. The former partner has no rights, can be told that permission to reside has been revoked and that they must leave within a specified timeframe. What steps should then be taken to recover possession if it is not possible to change the locks or for the client to remove the former partner?
A client has recently broken up with their partner who has been residing at their property rent-free for approximately 20 years. The client would now like their former partner to leave. The former partner made no contributions towards bills or the maintenance of the property. The former partner has no rights, can be told that permission to reside has been revoked and that they must leave within a specified timeframe. What steps should then be taken to recover possession if it is not possible to change the locks or for the client to remove the former partner?
Q&As
A client is selling a property and an Energy Performance Certificate (EPC) has been provided to the buyer, however, the EPC will expire before the sale is completed. Does another EPC have to be obtained before the sale completes or is the existing EPC sufficient?
A client is selling a property and an Energy Performance Certificate (EPC) has been provided to the buyer, however, the EPC will expire before the sale is completed. Does another EPC have to be obtained before the sale completes or is the existing EPC sufficient?
Q&As
A client is taking an option over Farm Land which will trigger a lease if certain conditions are met. There is only one access point to the farm (being the Landlord's Property) but this does not immediately abut the adopted highway & there is an intervening strip of highway (1m or so) which has been revealed (by highways search) as a bridleway. Is our client able to cross the bridleway without breaching the section 34 of the Road Traffic Act 1988 legislation? They would be crossing the bridleway for the purpose of accessing their option site & there is no other access without crossing the bridleway?
A client is taking an option over Farm Land which will trigger a lease if certain conditions are met. There is only one access point to the farm (being the Landlord's Property) but this does not immediately abut the adopted highway & there is an intervening strip of highway (1m or so) which has been revealed (by highways search) as a bridleway. Is our client able to cross the bridleway without breaching the section 34 of the Road Traffic Act 1988 legislation? They would be crossing the bridleway for the purpose of accessing their option site & there is no other access without crossing the bridleway?
Q&As
A commercial lease granted the tenant a right of way over a communal driveway on an industrial estate. The driveway was transferred to a third party without reserving the right of way to the transferor. Is the right of way in the lease still valid?
A commercial lease granted the tenant a right of way over a communal driveway on an industrial estate. The driveway was transferred to a third party without reserving the right of way to the transferor. Is the right of way in the lease still valid?
Q&As
A company has adversely possessed unregistered land for ten years and wants to transfer its interest in the land to a related company. Would that trigger compulsory first registration under section 4 of the Land Registration Act 2002? It is proposed that the transferor will swear a statutory declaration to evidence its possession of the land and the parties will attach that declaration to the transfer, so that the transferee can, in time, swear a further statutory declaration to support its application to HM Land Registry for title by adverse possession. Would there be any legal issues with that approach?
A company has adversely possessed unregistered land for ten years and wants to transfer its interest in the land to a related company. Would that trigger compulsory first registration under section 4 of the Land Registration Act 2002? It is proposed that the transferor will swear a statutory declaration to evidence its possession of the land and the parties will attach that declaration to the transfer, so that the transferee can, in time, swear a further statutory declaration to support its application to HM Land Registry for title by adverse possession. Would there be any legal issues with that approach?
Q&As
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Practice Areas

Panels

  • Contributing Author
  • Q&A Panel

Qualified Year

  • 2003

Experience

  • 2 Gray’s Inn Square (2005 - 2009)

Membership

  • Family Law Bar Association
  • Property Bar Association
  • Society of Construction Lawyers
  • Public Access Bar Association (Vice-Chairman and Treasurer)
  • Visiting Fellow, University of Bedfordshire (2011 - )
  • Fellow of the Royal Society of Arts

Qualifications

  • MA (Oxon) (2002)
  • LLM (2004)

Education

  • Magdalen College, University of Oxford (1999-2002)
  • BPP Law School (2002-2003)
  • University College London (2003-2004)
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