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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

Privilege in financial remedy proceedings
Privilege in financial remedy proceedings
Practice notes

This Practice Note considers the different types of privilege that may arise in financial remedy proceedings, including legal professional privilege and litigation privilege. It also provides guidance on the circumstances in which privilege may be waived, considerations as to disclosure to third parties, without prejudice communications and procedural issues.

On an application under the Trusts of Land and Appointment of Trustees Act 1996 is the court able to 'add back' funds that have been spent by one party? If one party owns land to which another party has a claim and they sell part of the land and use the proceeds to pay off debts not relating to that land, could the amount spent on debts be added back for the purposes of the TOLATA 1996 claim?
On an application under the Trusts of Land and Appointment of Trustees Act 1996 is the court able to 'add back' funds that have been spent by one party? If one party owns land to which another party has a claim and they sell part of the land and use the proceeds to pay off debts not relating to that land, could the amount spent on debts be added back for the purposes of the TOLATA 1996 claim?
Q&As
On Form D81, if the family home is registered in sole name, does the other party need to state their interest in the home at section 7A on the form?
On Form D81, if the family home is registered in sole name, does the other party need to state their interest in the home at section 7A on the form?
Q&As
On issuing an application under the Trusts of Land and Appointment of Trustees Act 1996, using the procedure under either Part 7 or Part 8 of the Civil Procedure Rules 1998, is the applicant required to include a particulars of claim?
On issuing an application under the Trusts of Land and Appointment of Trustees Act 1996, using the procedure under either Part 7 or Part 8 of the Civil Procedure Rules 1998, is the applicant required to include a particulars of claim?
Q&As
On making an application for deemed service of a divorce petition where the respondent has instructed a solicitor, is it sufficient to prove that the respondent’s solicitor has received the petition or will the court require proof that the respondent has received it?
On making an application for deemed service of a divorce petition where the respondent has instructed a solicitor, is it sufficient to prove that the respondent’s solicitor has received the petition or will the court require proof that the respondent has received it?
Q&As
On merger of freehold and leasehold titles, HM Land Registry does not automatically enter the benefit of easements affecting the leasehold title in the registered title of the reversionary interest but requires (paragraph 3.4 of HM Land Registry Practice Guide 26) an application to be made and provision of ‘satisfactory evidence that the easement subsists for the benefit of the reversionary estate’. What would amount to ‘satisfactory evidence’? The leasehold and freehold estates are co-extensive and the servient land is in third party ownership. What evidence might be required beyond the registration of the easement in favour of the leasehold estate?
On merger of freehold and leasehold titles, HM Land Registry does not automatically enter the benefit of easements affecting the leasehold title in the registered title of the reversionary interest but requires (paragraph 3.4 of HM Land Registry Practice Guide 26) an application to be made and provision of ‘satisfactory evidence that the easement subsists for the benefit of the reversionary estate’. What would amount to ‘satisfactory evidence’? The leasehold and freehold estates are co-extensive and the servient land is in third party ownership. What evidence might be required beyond the registration of the easement in favour of the leasehold estate?
Q&As
On the cessation of a global order for maintenance, the parent with care made an application to the Child Maintenance Service (CMS) in relation to the child of the parties, who is age 16. The CMS have not been able to confirm an address for the non-resident parent, who is being uncooperative. If the non-resident parent does not pay maintenance via the CMS, can an application be under section 1 of the Domestic Proceedings and Magistrates’ Courts Act 1978 on the grounds of failure to make reasonable provision for a child of the family?
On the cessation of a global order for maintenance, the parent with care made an application to the Child Maintenance Service (CMS) in relation to the child of the parties, who is age 16. The CMS have not been able to confirm an address for the non-resident parent, who is being uncooperative. If the non-resident parent does not pay maintenance via the CMS, can an application be under section 1 of the Domestic Proceedings and Magistrates’ Courts Act 1978 on the grounds of failure to make reasonable provision for a child of the family?
Q&As
On the first day of a finding of fact hearing in family proceedings, the judge was ill and the hearing could not proceed. Can a claim be made for compensation for the losses incurred, ie counsel’s deemed brief fee and the legal costs already incurred in preparation for that hearing?
On the first day of a finding of fact hearing in family proceedings, the judge was ill and the hearing could not proceed. Can a claim be made for compensation for the losses incurred, ie counsel’s deemed brief fee and the legal costs already incurred in preparation for that hearing?
Q&As
On the sale of a property which has the benefit of an easement, is it possible to prevent the benefit of that easement from passing to the buyer? HM Land Registry practice guide 62 appears to indicate this can be done by excluding the passing of the benefit in the transfer in terms as set out in the guide. The seller does not wish to transfer the benefit of a right of way over an adjoining property as the family own the adjoining property. For complex reasons it will not be possible to enter into a formal deed of release. Will a clause in the transfer excluding the passing of the benefit of the right be sufficient to exclude the benefit on completion?
On the sale of a property which has the benefit of an easement, is it possible to prevent the benefit of that easement from passing to the buyer? HM Land Registry practice guide 62 appears to indicate this can be done by excluding the passing of the benefit in the transfer in terms as set out in the guide. The seller does not wish to transfer the benefit of a right of way over an adjoining property as the family own the adjoining property. For complex reasons it will not be possible to enter into a formal deed of release. Will a clause in the transfer excluding the passing of the benefit of the right be sufficient to exclude the benefit on completion?
Q&As
On whom should a notice under section 13 of the Leasehold Reform, Housing and Urban Development Act 1993 be served? Is there any need to serve a copy on the qualifying tenants as well as the landlord?
On whom should a notice under section 13 of the Leasehold Reform, Housing and Urban Development Act 1993 be served? Is there any need to serve a copy on the qualifying tenants as well as the landlord?
Q&As
One party to financial proceedings made an offer to settle which was rejected by the other party and the case was then listed for a final hearing. Following a significant change in circumstances, the party who rejected the offer now seeks to accept it. Where the offer was not formally withdrawn, did the original rejection of the offer terminate it?
One party to financial proceedings made an offer to settle which was rejected by the other party and the case was then listed for a final hearing. Following a significant change in circumstances, the party who rejected the offer now seeks to accept it. Where the offer was not formally withdrawn, did the original rejection of the offer terminate it?
Q&As
One spouse is the sole owner of the matrimonial home. The other spouse has registered a home rights notice and left the property at the request of the police after they were abusive. Can the non-owning spouse return to property or do they need to obtain an occupation order and the leave of the court to re-enter?
One spouse is the sole owner of the matrimonial home. The other spouse has registered a home rights notice and left the property at the request of the police after they were abusive. Can the non-owning spouse return to property or do they need to obtain an occupation order and the leave of the court to re-enter?
Q&As
Over ten years ago, provision was made by an undertaking within a financial order for the paying party to pay child maintenance to the parent with care until the child reached the age of 18, ceased full time education up to a first degree level, or further order. The child ceased education and is now in paid employment but is considering attending university. If the child re-commences their education, can the undertaking for child maintenance be reactivated?
Over ten years ago, provision was made by an undertaking within a financial order for the paying party to pay child maintenance to the parent with care until the child reached the age of 18, ceased full time education up to a first degree level, or further order. The child ceased education and is now in paid employment but is considering attending university. If the child re-commences their education, can the undertaking for child maintenance be reactivated?
Q&As
Part of a registered title is subject to a caution against dealings which was registered in 1923 in favour of the Bounty of Queen Anne for the Augmentation of the Maintenance of the Poor Clergy. The nature of the cautioner’s interest is not specified. Having perused HM Land Registry (HMLR) PG 3, we understand HMLR will give notice to the cautioner. What are the consequences of the cautioner being placed on notice given that no clear legal interest can be ascertained from the caution lodged with HMLR?
Part of a registered title is subject to a caution against dealings which was registered in 1923 in favour of the Bounty of Queen Anne for the Augmentation of the Maintenance of the Poor Clergy. The nature of the cautioner’s interest is not specified. Having perused HM Land Registry (HMLR) PG 3, we understand HMLR will give notice to the cautioner. What are the consequences of the cautioner being placed on notice given that no clear legal interest can be ascertained from the caution lodged with HMLR?
Q&As
Party A is conducting settlement negotiations with Party B and Party C separately in relation to a professional negligence matter. Party B is the allegedly negligent professional and Party C is being asked to rectify the document negligently prepared by Party B. Does Party A have to inform Party B or Party C if a settlement agreement is concluded with the other party? Is the position different if proceedings have already been commenced?
Party A is conducting settlement negotiations with Party B and Party C separately in relation to a professional negligence matter. Party B is the allegedly negligent professional and Party C is being asked to rectify the document negligently prepared by Party B. Does Party A have to inform Party B or Party C if a settlement agreement is concluded with the other party? Is the position different if proceedings have already been commenced?
Q&As
Party A obtained advice from an accountant eight years ago. The accountant did not explain the tax implications of putting a property in trust. Party A has just found this out when they sold the property and had to pay a large sum in tax. Given the time that has passed since having been given the advice, is Party A still able to claim, and, if so, what cause of action could they take? The accountant did not make a negligent misstatement, he was simply silent on the tax matter. Could it also be a Consumer Act claim?
Party A obtained advice from an accountant eight years ago. The accountant did not explain the tax implications of putting a property in trust. Party A has just found this out when they sold the property and had to pay a large sum in tax. Given the time that has passed since having been given the advice, is Party A still able to claim, and, if so, what cause of action could they take? The accountant did not make a negligent misstatement, he was simply silent on the tax matter. Could it also be a Consumer Act claim?
Q&As
Pending the outcome of proceedings under the Trusts of Land and Appointment of Trustees Act 1996 and Schedule 1 to the Children Act 1989, would a party who is resident in the property which is the subject of the proceedings, but is not a legal owner of that property, need to apply for an occupation order?
Pending the outcome of proceedings under the Trusts of Land and Appointment of Trustees Act 1996 and Schedule 1 to the Children Act 1989, would a party who is resident in the property which is the subject of the proceedings, but is not a legal owner of that property, need to apply for an occupation order?
Q&As
Possession proceedings have been issued under a section 8 notice. The landlord had delivered the section 8 notice, but no certificate of service for the section 8 notice was attached to the particulars of claim. Is it sufficient if a certificate of service for the section 8 notice is enclosed with the landlord's witness statement?
Possession proceedings have been issued under a section 8 notice. The landlord had delivered the section 8 notice, but no certificate of service for the section 8 notice was attached to the particulars of claim. Is it sufficient if a certificate of service for the section 8 notice is enclosed with the landlord's witness statement?
Q&As
Pre 9 March 1999 was there any provision or Practice with similar effect to section 102B of the Finance Act 1986? Does section 102B (or also any earlier equivalent) apply where the 'donee' is 'the trustees' of a qualifying interest in possession trust and the life tenant occupies the land together with the donor?
Pre 9 March 1999 was there any provision or Practice with similar effect to section 102B of the Finance Act 1986? Does section 102B (or also any earlier equivalent) apply where the 'donee' is 'the trustees' of a qualifying interest in possession trust and the life tenant occupies the land together with the donor?
Q&As
Prior to the exchange of contracts, a developer agreed in correspondence marked ‘subject to contract’ to clear rubble and erect a fence. This term, along with several other terms relating to snagging issues (including tiling etc) were not expressly referred to in the contract. Do all terms have to be included in the contract for sale, where eg the developer has failed to clear rubble and erect fence, or is it possible to bring an action against the developer on the basis that this was a collateral contract?
Prior to the exchange of contracts, a developer agreed in correspondence marked ‘subject to contract’ to clear rubble and erect a fence. This term, along with several other terms relating to snagging issues (including tiling etc) were not expressly referred to in the contract. Do all terms have to be included in the contract for sale, where eg the developer has failed to clear rubble and erect fence, or is it possible to bring an action against the developer on the basis that this was a collateral contract?
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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