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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 party agreed to transfer a property from their sole name into joint names with their cohabitant, who had made no financial contributions to the property. At that time the sole owner was suffering from depression. The parties separated within a few months and the former cohabitant is now seeking half of the equity in the property. Can such a claim be opposed on the basis of duress? How may the sole ownership of the property be restored?
A party agreed to transfer a property from their sole name into joint names with their cohabitant, who had made no financial contributions to the property. At that time the sole owner was suffering from depression. The parties separated within a few months and the former cohabitant is now seeking half of the equity in the property. Can such a claim be opposed on the basis of duress? How may the sole ownership of the property be restored?
Q&As
A party to family proceedings has emailed/showed letters containing legal advice to family members who are not parties to the proceedings. Can the other party to the proceedings submit that legal professional privilege has been lost as a consequence and ask that the entire solicitor’s file be disclosed?
A party to family proceedings has emailed/showed letters containing legal advice to family members who are not parties to the proceedings. Can the other party to the proceedings submit that legal professional privilege has been lost as a consequence and ask that the entire solicitor’s file be disclosed?
Q&As
A party to financial proceedings is a director and shareholder of a private limited company, and the other party to the proceedings has requested management accounts for that company. There are multiple directors and the managing director has refused to allow any information to be released. Can the managing director refuse to release information, and if not what steps can be taken?
A party to financial proceedings is a director and shareholder of a private limited company, and the other party to the proceedings has requested management accounts for that company. There are multiple directors and the managing director has refused to allow any information to be released. Can the managing director refuse to release information, and if not what steps can be taken?
Q&As
A party to financial remedy proceedings is the beneficiary of several trusts. Orders have been made directing the trustees (who are the parents of the beneficiary party) to provide information regarding one of the trusts, but they deny its existence. An application for a penal notice has been unsuccessful. What other options are there to obtain information regarding the trust?
A party to financial remedy proceedings is the beneficiary of several trusts. Orders have been made directing the trustees (who are the parents of the beneficiary party) to provide information regarding one of the trusts, but they deny its existence. An application for a penal notice has been unsuccessful. What other options are there to obtain information regarding the trust?
Q&As
A periodic assured shorthold tenancy was entered into in 2012. A section 21 notice was served in July 2019, but the claim has been struck out because the section 21 notice was not in the ‘prescribed form’. Due to the age of the tenancy, is a prescribed form necessary?
A periodic assured shorthold tenancy was entered into in 2012. A section 21 notice was served in July 2019, but the claim has been struck out because the section 21 notice was not in the ‘prescribed form’. Due to the age of the tenancy, is a prescribed form necessary?
Q&As
A property abutting a roadway was conveyed within a rule 72 transfer in 1975. Is there any current case law which deals with the inclusion of the roadway within the title to the property either under the ad medium filum rule or pursuant to section 62 of the Law of Property Act 1925?
A property abutting a roadway was conveyed within a rule 72 transfer in 1975. Is there any current case law which deals with the inclusion of the roadway within the title to the property either under the ad medium filum rule or pursuant to section 62 of the Law of Property Act 1925?
Q&As
A property adjustment order has been made in relation to a property purchased under the ‘right to buy’ provisions of the Housing Act 1985 (HA 1985). The property is subject to a charge that provides for the repayment of the discount applied under the right to buy scheme. In such circumstances, will the landlord have a right of first refusal (per HA 1985, s 156A) or will the property adjustment order mean that it is an exempted disposal (per HA 1985, s 160)? Will the discount still be repayable (per HA 1985, s 155)?
A property adjustment order has been made in relation to a property purchased under the ‘right to buy’ provisions of the Housing Act 1985 (HA 1985). The property is subject to a charge that provides for the repayment of the discount applied under the right to buy scheme. In such circumstances, will the landlord have a right of first refusal (per HA 1985, s 156A) or will the property adjustment order mean that it is an exempted disposal (per HA 1985, s 160)? Will the discount still be repayable (per HA 1985, s 155)?
Q&As
A property is held as tenants in common. The first owner has died and the second lacks capacity. There is a life interest trust. The family have an enduring power of attorney (EPA) and want to add trustees to the title. Can this be done? If the family wish to sell do the trustees need further powers or leave of the court?
A property is held as tenants in common. The first owner has died and the second lacks capacity. There is a life interest trust. The family have an enduring power of attorney (EPA) and want to add trustees to the title. Can this be done? If the family wish to sell do the trustees need further powers or leave of the court?
Q&As
A property is held by A, B and C as tenants in common and a Form A restriction is registered on the proprietorship register. A has passed away but remains as a registered proprietor and no grant has been obtained with regards to A's estate. Can B and C sell the property?
A property is held by A, B and C as tenants in common and a Form A restriction is registered on the proprietorship register. A has passed away but remains as a registered proprietor and no grant has been obtained with regards to A's estate. Can B and C sell the property?
Q&As
A property is jointly owned and there is a declaration of trust setting out how the property is owned. One joint owner wishes to seek a sale of the property and there is a dispute as to the division of net sale proceeds. Should an application under the Trusts of Land and Appointment of Trustees Act 1996 be commenced under Part 7 or Part 8 of the Civil Procedure Rules 1998?
A property is jointly owned and there is a declaration of trust setting out how the property is owned. One joint owner wishes to seek a sale of the property and there is a dispute as to the division of net sale proceeds. Should an application under the Trusts of Land and Appointment of Trustees Act 1996 be commenced under Part 7 or Part 8 of the Civil Procedure Rules 1998?
Q&As
A property lacks formal planning permission for its current use. The buyer’s solicitor requested a statutory declaration from the seller’s solicitor to confirm the seller’s long user of the property. However, the seller’s solicitor has provided a statement of truth instead of a statutory declaration. Does a statement of truth have any formal legal effect in this context or should the buyer insist that a statutory declaration is provided instead?
A property lacks formal planning permission for its current use. The buyer’s solicitor requested a statutory declaration from the seller’s solicitor to confirm the seller’s long user of the property. However, the seller’s solicitor has provided a statement of truth instead of a statutory declaration. Does a statement of truth have any formal legal effect in this context or should the buyer insist that a statutory declaration is provided instead?
Q&As
A property was held by a couple as legal and beneficial joint tenants. The parties separated and the property was sold. The proceeds of sale are held in the conveyancing solicitor's client account pending a resolution of the dispute over how to split those proceeds of sale. Does a joint tenancy continue over the proceeds of sale and would it therefore need to be severed? In the circumstances, when making a claim under Trusts of Land and Appointment of Trustees Act 1996, would the court fee be for a monetary or non-monetary claim?
A property was held by a couple as legal and beneficial joint tenants. The parties separated and the property was sold. The proceeds of sale are held in the conveyancing solicitor's client account pending a resolution of the dispute over how to split those proceeds of sale. Does a joint tenancy continue over the proceeds of sale and would it therefore need to be severed? In the circumstances, when making a claim under Trusts of Land and Appointment of Trustees Act 1996, would the court fee be for a monetary or non-monetary claim?
Q&As
A public path (owned by a Welsh Council) is becoming obstructed as a result of heavy rain on the private land above the path. Materials are slipping from the private land onto the path. This is a landslip, and is causing a nuisance as well a public safety concern and the council has to commit resources to then clear then obstruction. In light of the cases of Rylands v Fletcher and Leakey, can the council take action against the owner of the private land above the path? If so, what action? Would this be a public nuisance?
A public path (owned by a Welsh Council) is becoming obstructed as a result of heavy rain on the private land above the path. Materials are slipping from the private land onto the path. This is a landslip, and is causing a nuisance as well a public safety concern and the council has to commit resources to then clear then obstruction. In light of the cases of Rylands v Fletcher and Leakey, can the council take action against the owner of the private land above the path? If so, what action? Would this be a public nuisance?
Q&As
A register of title includes the following note—‘The land was formerly Copyhold of the...and on the enfranchisement thereof there were saved and excepted the rights reserved by the Copyhold Act 1852, section 48, such rights are not included in this registration’. What guidance and information is there on the legislation? Do these rights no longer apply and have they been extinguished?
A register of title includes the following note—‘The land was formerly Copyhold of the...and on the enfranchisement thereof there were saved and excepted the rights reserved by the Copyhold Act 1852, section 48, such rights are not included in this registration’. What guidance and information is there on the legislation? Do these rights no longer apply and have they been extinguished?
Q&As
A registered provider of social housing let a residential property on an affordable rent five-year fixed term assured shorthold tenancy. The tenant died halfway through the fixed term and the landlord wishes to regain possession. The property is now unoccupied. Can the landlord serve a notice to quit on the personal representatives/public trustee? If not, how can the landlord regain possession?
A registered provider of social housing let a residential property on an affordable rent five-year fixed term assured shorthold tenancy. The tenant died halfway through the fixed term and the landlord wishes to regain possession. The property is now unoccupied. Can the landlord serve a notice to quit on the personal representatives/public trustee? If not, how can the landlord regain possession?
Q&As
A residential property was rented out under an assured shorthold tenancy in 2012 and no energy performance certificate (EPC) was commissioned or provided to the tenant. The fixed term of the tenancy expired in 2012 and the tenant remains in occupation under periodic tenancy. Is the landlord required to commission an EPC and provide it to the tenant?
A residential property was rented out under an assured shorthold tenancy in 2012 and no energy performance certificate (EPC) was commissioned or provided to the tenant. The fixed term of the tenancy expired in 2012 and the tenant remains in occupation under periodic tenancy. Is the landlord required to commission an EPC and provide it to the tenant?
Q&As
A respondent in divorce proceedings has filed a confidential address form. Must the petitioner's solicitors thereafter use that address for service (via the court) in relation to negotiations on financial issues? The petitioner's solicitors have obtained details of the respondent's whereabouts and actual address and residence via an enquiry agent. Are the petitioner's solicitors under a duty disclose to the respondent that they know the respondent’s address?
A respondent in divorce proceedings has filed a confidential address form. Must the petitioner's solicitors thereafter use that address for service (via the court) in relation to negotiations on financial issues? The petitioner's solicitors have obtained details of the respondent's whereabouts and actual address and residence via an enquiry agent. Are the petitioner's solicitors under a duty disclose to the respondent that they know the respondent’s address?
Q&As
A right to manage company wishes to register its title at HM Land Registry: can the company make the application?; does it register its title against the landlord's title or the individual leasehold titles?; does it require the landlord's consent?; how does it satisfy the registrar as to the validity of the claim?
A right to manage company wishes to register its title at HM Land Registry: can the company make the application?; does it register its title against the landlord's title or the individual leasehold titles?; does it require the landlord's consent?; how does it satisfy the registrar as to the validity of the claim?
Q&As
A section 21 notice (section 21 of the Housing Act 1988 (HA 1988)) has been served on a tenant who then leaves the property, but an unknown occupier is living there (subletting being prohibited under the tenancy). Does the landlord need to serve a new HA 1988, s 21 notice on the occupier, or can possession proceedings be issued against the tenant and occupier together?
A section 21 notice (section 21 of the Housing Act 1988 (HA 1988)) has been served on a tenant who then leaves the property, but an unknown occupier is living there (subletting being prohibited under the tenancy). Does the landlord need to serve a new HA 1988, s 21 notice on the occupier, or can possession proceedings be issued against the tenant and occupier together?
Q&As
A section 25 notice must be served by both landlords to be valid. Where the tenant is a co-owner of the freehold, is there a procedure that can be used to compel them to sign a section 25 notice? I have also noted the provisions of the local planning authority (LPA) in relation to a split reversion, but if they both owned all of the freehold, it seems unlikely that the tenant/freeholder would sign a notice that would envisage a rent increase on a renewal?
A section 25 notice must be served by both landlords to be valid. Where the tenant is a co-owner of the freehold, is there a procedure that can be used to compel them to sign a section 25 notice? I have also noted the provisions of the local planning authority (LPA) in relation to a split reversion, but if they both owned all of the freehold, it seems unlikely that the tenant/freeholder would sign a notice that would envisage a rent increase on a renewal?
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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