LEXISNEXIS_ICON4_SIGNIN Contact us
Contact us
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

Pursuant to CPR 40.6 and PD 40B paragraph 3.3, is it a requirement to file an application notice (N244) with consent orders?
Pursuant to CPR 40.6 and PD 40B paragraph 3.3, is it a requirement to file an application notice (N244) with consent orders?
Q&As
Pursuant to William Hill v Willen Key (1964) 108 Sol Jo 482, unless there is express agreement, rent payable in advance cannot be apportioned on a surrender. However, in the absence of such express agreement, could the tenant be saved by Standard Commercial Property Condition 9.3.1, and be entitled to repayment of sums paid in advance in respect of the period post-completion of the surrender?
Pursuant to William Hill v Willen Key (1964) 108 Sol Jo 482, unless there is express agreement, rent payable in advance cannot be apportioned on a surrender. However, in the absence of such express agreement, could the tenant be saved by Standard Commercial Property Condition 9.3.1, and be entitled to repayment of sums paid in advance in respect of the period post-completion of the surrender?
Q&As
Recent changes to the CPR in force as of 20 September 2020 mean that, generally, no permission is required from the High Court in relation to writs of possession in relation to land. One exception is CPR 83.13 (3) which states that where a writ of possession is sought against a trespasser, no writ of possession can be issued after the expiry of three months from the date of the relevant order without the permission of the court. Where such a writ of possession is sought, and the proceedings are transferred up from the County Court, can Form N293A (Combined certificate of judgment and request for writ of control or writ of possession) be used for the purpose of seeking permission?
Recent changes to the CPR in force as of 20 September 2020 mean that, generally, no permission is required from the High Court in relation to writs of possession in relation to land. One exception is CPR 83.13 (3) which states that where a writ of possession is sought against a trespasser, no writ of possession can be issued after the expiry of three months from the date of the relevant order without the permission of the court. Where such a writ of possession is sought, and the proceedings are transferred up from the County Court, can Form N293A (Combined certificate of judgment and request for writ of control or writ of possession) be used for the purpose of seeking permission?
Q&As
Regarding Form N170, is the defendant required to pay a listing fee and to produce a proposed timetable for trial? How should the estimate of costs be presented?
Regarding Form N170, is the defendant required to pay a listing fee and to produce a proposed timetable for trial? How should the estimate of costs be presented?
Q&As
Regarding the right to buy, what happens if one of two buyers withdraw during the process due to a marriage separation? It is noted that under section 122(3) of the Housing Act 1985 the notice can be withdrawn at any time, but can one tenant wash their hands with it or does the whole process have to start again? In Form RTB1 any tenant not wishing to proceed initially with the buy has to indicate as such on the form before the claim is made, is there any guidance for when one of two buyers wishes to withdraw mid-process?
Regarding the right to buy, what happens if one of two buyers withdraw during the process due to a marriage separation? It is noted that under section 122(3) of the Housing Act 1985 the notice can be withdrawn at any time, but can one tenant wash their hands with it or does the whole process have to start again? In Form RTB1 any tenant not wishing to proceed initially with the buy has to indicate as such on the form before the claim is made, is there any guidance for when one of two buyers wishes to withdraw mid-process?
Q&As
Registered land is subject to unascertainable restrictive covenants in favour of a water company imposed at the time of a previous sale (the owner does not have a copy of the deed nor is a copy filed at the HM Land Registry). The title provides that the ‘grantor covenants with the Authority to the intent and so as to bind the said strip of land and each and every part thereof in to whosoever hands' the same may come in to and in order to benefit and protect the authorities ‘undertaking or any part thereof…[including]…the said works and the easement granted’. Is this binding on a purchaser and how is any breach remedied?
Registered land is subject to unascertainable restrictive covenants in favour of a water company imposed at the time of a previous sale (the owner does not have a copy of the deed nor is a copy filed at the HM Land Registry). The title provides that the ‘grantor covenants with the Authority to the intent and so as to bind the said strip of land and each and every part thereof in to whosoever hands' the same may come in to and in order to benefit and protect the authorities ‘undertaking or any part thereof…[including]…the said works and the easement granted’. Is this binding on a purchaser and how is any breach remedied?
Q&As
Section 2(5)(b) of the Law of Property (Miscellaneous Provisions) Act 1989 (LP(MP)A 1989) excepts from the usual section 2 formalities for real estate contracts ‘a contract made in the course of a public auction’. The term ‘public auction’ is not defined in LP(MP)A 1989. Is an online auction capable of being a ‘public auction’?
Section 2(5)(b) of the Law of Property (Miscellaneous Provisions) Act 1989 (LP(MP)A 1989) excepts from the usual section 2 formalities for real estate contracts ‘a contract made in the course of a public auction’. The term ‘public auction’ is not defined in LP(MP)A 1989. Is an online auction capable of being a ‘public auction’?
Q&As
Section 3 of the Landlord and Tenant Act 1985 provides a duty to inform a residential tenant of assignment of landlord’s interest. Is there a similar duty imposed on landlords for commercial premises?
Section 3 of the Landlord and Tenant Act 1985 provides a duty to inform a residential tenant of assignment of landlord’s interest. Is there a similar duty imposed on landlords for commercial premises?
Q&As
Section 4(2)(e) of the Landlord and Tenant Act 1987 provides an exemption to the requirement that qualifying tenants have a statutory first right of refusal to a disposal. If three unrelated joint tenants intend to transfer the interest to the wife of just one of them, would this fall within the exemption?
Section 4(2)(e) of the Landlord and Tenant Act 1987 provides an exemption to the requirement that qualifying tenants have a statutory first right of refusal to a disposal. If three unrelated joint tenants intend to transfer the interest to the wife of just one of them, would this fall within the exemption?
Q&As
Section 58 of the Leasehold Reform, Housing and Urban Development Act 1993 (LRHUDA 1993) automatically transfers any existing mortgages on a leasehold title when the lease is extended under LRHUDA 1993. Therefore it is not necessary to obtain the mortgage company's consent to the lease extension. However, if there is a mortgage on the landlord's title, does the landlord need to obtain consent or does LRHUDA 1993, s 58 also render obtaining consent unnecessary?
Section 58 of the Leasehold Reform, Housing and Urban Development Act 1993 (LRHUDA 1993) automatically transfers any existing mortgages on a leasehold title when the lease is extended under LRHUDA 1993. Therefore it is not necessary to obtain the mortgage company's consent to the lease extension. However, if there is a mortgage on the landlord's title, does the landlord need to obtain consent or does LRHUDA 1993, s 58 also render obtaining consent unnecessary?
Q&As
Should a potential lender have any concerns about the enforceability an arrangement to share the profits of the sale of a property in return for the advance of a loan sum to a family member which is secured by way of a second legal mortgage?
Should a potential lender have any concerns about the enforceability an arrangement to share the profits of the sale of a property in return for the advance of a loan sum to a family member which is secured by way of a second legal mortgage?
Q&As
Should a prospective tenant protect its agreement for lease by registering a unilateral notice against the landlord’s title? What are the consequences if the tenant does not do so?
Should a prospective tenant protect its agreement for lease by registering a unilateral notice against the landlord’s title? What are the consequences if the tenant does not do so?
Q&As
Should an application for an interim third party debt order filed to enforce a judgment in default be withdrawn after the judgment debtor files an application to set aside the judgment in default?
Should an application for an interim third party debt order filed to enforce a judgment in default be withdrawn after the judgment debtor files an application to set aside the judgment in default?
Q&As
Some years ago, a landowner agreed to rent a room in their office to a public body. A formal lease was not entered into and the occupier has never paid rent. They have exclusive occupation of the room which is locked at all time due to the nature of the occupier. They have shared use of toilets/kitchen and accessways. Can the landowner now claim for rent for the period from the commencement of their occupation onwards?
Some years ago, a landowner agreed to rent a room in their office to a public body. A formal lease was not entered into and the occupier has never paid rent. They have exclusive occupation of the room which is locked at all time due to the nature of the occupier. They have shared use of toilets/kitchen and accessways. Can the landowner now claim for rent for the period from the commencement of their occupation onwards?
Q&As
T’s Will establishes a nil rate band trust, the beneficiaries of which are T’s children. The residue of T’s estate is left to T’s surviving spouse, W. What steps can T’s children take to redirect their entitlement under the Will Trust to W?
T’s Will establishes a nil rate band trust, the beneficiaries of which are T’s children. The residue of T’s estate is left to T’s surviving spouse, W. What steps can T’s children take to redirect their entitlement under the Will Trust to W?
Q&As
Taking into account section 42.2 of the Landlord and Tenant Act 1954, does an assignment from group company to another mean that no real assignment has taken place?
Taking into account section 42.2 of the Landlord and Tenant Act 1954, does an assignment from group company to another mean that no real assignment has taken place?
Q&As
Taking into account that an adult child has the right to apply for a periodical payments order or a lump sum under Schedule 1 to the Children Act 1989 if they remain in education (or exceptional circumstances apply) unless there was a periodical payments order immediately in force before their 16th birthday, and that an adult child has the right to apply for a revival of an order for periodical payments that ceased before they reached 18 (or the a variation of an order), what are the options for a parent who wishes to make an application against the other parent in respect of a child who is 17 and will be commencing their tertiary education? Can an order be made in favour of that parent for the benefit of the child during the child’s tertiary education?
Taking into account that an adult child has the right to apply for a periodical payments order or a lump sum under Schedule 1 to the Children Act 1989 if they remain in education (or exceptional circumstances apply) unless there was a periodical payments order immediately in force before their 16th birthday, and that an adult child has the right to apply for a revival of an order for periodical payments that ceased before they reached 18 (or the a variation of an order), what are the options for a parent who wishes to make an application against the other parent in respect of a child who is 17 and will be commencing their tertiary education? Can an order be made in favour of that parent for the benefit of the child during the child’s tertiary education?
Q&As

Other work

Question of the week: Where executors are on notice of a potential challenge to the deceased's Will and/or claim under the Inheritance (Provision for Family and Dependants) Act 1975 based on initial correspondence but not meaningfully pursued beyond that stage, would a successful application for a 'put up or shut up'/Cobden-Ramsay order afford protection against both actions?
Question of the week: Where executors are on notice of a potential challenge to the deceased's Will and/or claim under the Inheritance (Provision for Family and Dependants) Act 1975 based on initial correspondence but not meaningfully pursued beyond that stage, would a successful application for a 'put up or shut up'/Cobden-Ramsay order afford protection against both actions?

This Q&A provides guidance on the protection afforded to personal representatives when they are on notice of a potential claim against the estate but want to distribute as the claim is not being actively pursued.

Question of the week: Where two of three executors have a grant with power reserved for the third, and the third is in occupation of an estate property after their right to occupy has been terminated, can the two executors bring possession proceedings against the third?
Question of the week: Where two of three executors have a grant with power reserved for the third, and the third is in occupation of an estate property after their right to occupy has been terminated, can the two executors bring possession proceedings against the third?

This Q&A considers whether possession proceedings can be brought by executors who have a grant of probate against a third executor who has power reserved and who remains in occupation of a residential property held in the deceased’s estate following termination of their right to occupy.

Question of the week: Would the execution of mirror Wills by a married couple, which each contain a nil rate band discretionary trust on first death, be sufficient to show a common intention to sever a joint tenancy of land?
Question of the week: Would the execution of mirror Wills by a married couple, which each contain a nil rate band discretionary trust on first death, be sufficient to show a common intention to sever a joint tenancy of land?

This Q&A considers whether mirror Wills could constitute a common intention to sever a joint tenancy of land.

First 32 33 34 35 36 37 Last

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)
Lexis+
Clear, practical guidance for all legal professionals

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