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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

Instructing a forensic accountant in family proceedings
Instructing a forensic accountant in family proceedings
Practice notes

This Practice Note considers issues relating to the instruction of a forensic accountant to provide expert evidence as to the valuation of company or business assets within financial remedy proceedings, including applications for permission, matters to be dealt with in the letter of instruction, valuation methodology and minority interests.

Introduction to costs in proceedings subject to the Civil Procedure Rules 1998 for family lawyers
Introduction to costs in proceedings subject to the Civil Procedure Rules 1998 for family lawyers
Practice notes

This Practice Note provides guidance on the rules regarding the costs provisions of the Civil Procedure Rules 1998 (CPR), SI 1998/3132 and the circumstances in which they will apply to proceedings conducted by family lawyers, including claims made under the Trusts of Land and Appointment of Trustees Act 1996 (TOLATA 1996), the Inheritance (Provision for Family and Dependants) Act 1975 (I(PFD)A 1975) and some aspects of financial remedy proceedings. It also considers the factors taken into account by the court in determining costs, the types of costs orders that may be made, fixed costs and costs budgeting.

In relation to private law children proceedings where directions are due to be given for a fact-finding hearing, where a photograph has been filed as part of the respondent mother's statement to illustrate domestic abuse but without evidence as to how the picture was taken, no original copy of the photograph being provided and no time or date as to when the photograph was taken, to what extent can the father have this removed?
In relation to private law children proceedings where directions are due to be given for a fact-finding hearing, where a photograph has been filed as part of the respondent mother's statement to illustrate domestic abuse but without evidence as to how the picture was taken, no original copy of the photograph being provided and no time or date as to when the photograph was taken, to what extent can the father have this removed?
Q&As
In relation to private law proceedings, where directions have been given for a finding of fact hearing in relation to allegations of domestic abuse and the victim has filed their schedule and supporting evidence, but the alleged abuser then seeks leave to withdraw the abuser’s application without specifically contesting the allegations other than in general terms, do you know of any authority which suggests the correct approach of the court?
In relation to private law proceedings, where directions have been given for a finding of fact hearing in relation to allegations of domestic abuse and the victim has filed their schedule and supporting evidence, but the alleged abuser then seeks leave to withdraw the abuser’s application without specifically contesting the allegations other than in general terms, do you know of any authority which suggests the correct approach of the court?
Q&As
In relation to the Health Protection (Coronavirus Restrictions) (No 5) (Wales) Regulations 2020, SI 2020/1609, would the lawful basis be for a local authority officer to attend a private dwelling to ascertain compliance with isolation requirements, if they are unaccompanied?
In relation to the Health Protection (Coronavirus Restrictions) (No 5) (Wales) Regulations 2020, SI 2020/1609, would the lawful basis be for a local authority officer to attend a private dwelling to ascertain compliance with isolation requirements, if they are unaccompanied?
Q&As
In relation to the procedure for an application under the Protection from Harassment Act 1997, does a claimant have to file any written evidence on which they intend to rely with their claim form, setting out the facts on which the claimant relies including all material facts of which the court should be made aware? Also, is such an application brought under Part 8 of the Civil Procedure Rules 1998 and if not under which part should it be brought?
In relation to the procedure for an application under the Protection from Harassment Act 1997, does a claimant have to file any written evidence on which they intend to rely with their claim form, setting out the facts on which the claimant relies including all material facts of which the court should be made aware? Also, is such an application brought under Part 8 of the Civil Procedure Rules 1998 and if not under which part should it be brought?
Q&As
In respect of a pre-emption agreement, is there a legal limit on the ‘pre-emption period’, ie the time within which the pre-emption agreement will be legally enforceable? Does the statutory perpetuity period apply to pre-emption agreements that run from the present?
In respect of a pre-emption agreement, is there a legal limit on the ‘pre-emption period’, ie the time within which the pre-emption agreement will be legally enforceable? Does the statutory perpetuity period apply to pre-emption agreements that run from the present?
Q&As
In respect of a statutory periodic tenancy, does the tenant’s notice period of one month have to expire on the last day of the period of the tenancy?
In respect of a statutory periodic tenancy, does the tenant’s notice period of one month have to expire on the last day of the period of the tenancy?
Q&As
In section 13(1)(a) of the Rent Act 1977, what is the difference between a tenancy belonging to a government department and a tenancy held in trust for Her Majesty for the purposes of a government department, and what would an example of the latter be?
In section 13(1)(a) of the Rent Act 1977, what is the difference between a tenancy belonging to a government department and a tenancy held in trust for Her Majesty for the purposes of a government department, and what would an example of the latter be?
Q&As
In terms of the Law Society’s Conveyancing Protocol 2019, can a solicitor who is a member of the Conveyancing Quality Scheme charge a fee for a notice to complete if there is no provision in the contract for such fee to be charged?
In terms of the Law Society’s Conveyancing Protocol 2019, can a solicitor who is a member of the Conveyancing Quality Scheme charge a fee for a notice to complete if there is no provision in the contract for such fee to be charged?
Q&As
In the absence of an amending SI modifying the Commercial Agents (Council Directive) Regulations 1993 (the Commercial Agents Regulations), SI 1993/3053, after IP completion day what will be the effect of Regulation 1(3)(b) permitting agents in member states to agree to be subject to the Commercial Agents Regulations instead of the legislation implementing EU Commercial Agents Directive in their own member state?
In the absence of an amending SI modifying the Commercial Agents (Council Directive) Regulations 1993 (the Commercial Agents Regulations), SI 1993/3053, after IP completion day what will be the effect of Regulation 1(3)(b) permitting agents in member states to agree to be subject to the Commercial Agents Regulations instead of the legislation implementing EU Commercial Agents Directive in their own member state?
Q&As
In the absence of any evidence in the title deeds to the properties concerned, who is responsible for a retaining wall?
In the absence of any evidence in the title deeds to the properties concerned, who is responsible for a retaining wall?
Q&As
In the case of a property held abroad by a husband and wife, where the local law does not allow for the transfer of any interest in land to a non-national of that area, can a transfer of property of one party's interest to the other be effected by an application to vary a nuptial settlement, or is there some other action that should be taken? Why does form A only refer to a variation of trusts for a child? Should the form be adapted manually?
In the case of a property held abroad by a husband and wife, where the local law does not allow for the transfer of any interest in land to a non-national of that area, can a transfer of property of one party's interest to the other be effected by an application to vary a nuptial settlement, or is there some other action that should be taken? Why does form A only refer to a variation of trusts for a child? Should the form be adapted manually?
Q&As
In the case of the retirement of one trustee (of multiple trustees) and the appointment of a new trustee, which will trigger a compulsory first registration of the unregistered land, will a TR1 form be required instead of a ‘conveyance’ for the unregistered land?
In the case of the retirement of one trustee (of multiple trustees) and the appointment of a new trustee, which will trigger a compulsory first registration of the unregistered land, will a TR1 form be required instead of a ‘conveyance’ for the unregistered land?
Q&As
In the case of the sale of a freehold investment property which is subject to a mix of commercial leases and long residential leases, is the freeholder obliged to obtain and provide energy performance certificates (EPCs) for the different elements of the property (that do not already hold an EPC)? Does the position alter if there is an intermediate long lease (a building lease), under which the freeholder/seller has no right to access any part of the property subject to the various underleases and the prospective purchaser is the holder of the intermediate lease?
In the case of the sale of a freehold investment property which is subject to a mix of commercial leases and long residential leases, is the freeholder obliged to obtain and provide energy performance certificates (EPCs) for the different elements of the property (that do not already hold an EPC)? Does the position alter if there is an intermediate long lease (a building lease), under which the freeholder/seller has no right to access any part of the property subject to the various underleases and the prospective purchaser is the holder of the intermediate lease?
Q&As
In the context of a put option, where notice to exercise the option has been served, the recipient of the notice has asked to delay completion and time is not of the essence, can a new completion date be agreed while preserving the right to serve a notice to complete in the future? If the party who served the notice does nothing (ie remains silence), can they then serve a notice to complete when they wish?
In the context of a put option, where notice to exercise the option has been served, the recipient of the notice has asked to delay completion and time is not of the essence, can a new completion date be agreed while preserving the right to serve a notice to complete in the future? If the party who served the notice does nothing (ie remains silence), can they then serve a notice to complete when they wish?
Q&As
In the context of assignment of a lease with an authorised guarantee agreement (AGA). If the original tenant enters into an AGA, however is likely to be dissolved as a limited company in the near future, would a further personal sub-guarantee provided by the directors of the company be a breach of the anti avoidance provisions of section 25 of the Landlord and Tenant (Covenants) Act 1995?
In the context of assignment of a lease with an authorised guarantee agreement (AGA). If the original tenant enters into an AGA, however is likely to be dissolved as a limited company in the near future, would a further personal sub-guarantee provided by the directors of the company be a breach of the anti avoidance provisions of section 25 of the Landlord and Tenant (Covenants) Act 1995?
Q&As
In the event that a headlease is forfeited but the subtenant subsequently enters into a tenancy at will, if they previously had a tenancy under the Landlord and Tenant Act 1954, will they still be a protected tenant irrespective of the tenancy at will?
In the event that a headlease is forfeited but the subtenant subsequently enters into a tenancy at will, if they previously had a tenancy under the Landlord and Tenant Act 1954, will they still be a protected tenant irrespective of the tenancy at will?
Q&As
In the sale of a leasehold flat where the owner owns the freehold estate, section 5 notice would not normally be required as the landlord (also a qualifying tenant) would be exempt from the right of first refusal. If the landlord passed away, does the exemption carry forward to the executor, even though the executor does not live in the flat?
In the sale of a leasehold flat where the owner owns the freehold estate, section 5 notice would not normally be required as the landlord (also a qualifying tenant) would be exempt from the right of first refusal. If the landlord passed away, does the exemption carry forward to the executor, even though the executor does not live in the flat?
Q&As
Is a charge, to be placed on property being held on trust for a Beneficiary (B) to secure a loan to B, caught by the Form A restriction in the proprietorship register? A number of properties are held by various sole owners on trust for B (who is entitled absolutely under the trust to all net proceeds of sale and rental income absolutely). The loan to B is to be secured against some of the trust properties held by sole legal proprietors who will not receive any money under the charge. Would another trustee be required to authorise the registration of the charge in the absence of a court order, and if so, what documentation would be required to register it at HM Land Registry?
Is a charge, to be placed on property being held on trust for a Beneficiary (B) to secure a loan to B, caught by the Form A restriction in the proprietorship register? A number of properties are held by various sole owners on trust for B (who is entitled absolutely under the trust to all net proceeds of sale and rental income absolutely). The loan to B is to be secured against some of the trust properties held by sole legal proprietors who will not receive any money under the charge. Would another trustee be required to authorise the registration of the charge in the absence of a court order, and if so, what documentation would be required to register it at HM Land Registry?
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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