LEXISNEXIS_ICON4_SIGNIN Contact us
Contact us

4 King’s Bench Walk

Experts

3

Filter by: Practice area
Chris Bryden
Chris Bryden
Barrister
4 King’s Bench Walk
Katherine Illsley
Katherine Illsley
4 King’s Bench Walk
Victoria Adams
Victoria Adams
Barrister
4 King’s Bench Walk
Contributions by 4 King’s Bench Walk Experts

1514

An order for sale has been made by consent, with the net proceeds to be divided in accordance with the terms of the order. At the time the order was made, party A did not think they could remortgage the property in order to pay a lump sum to party B. They have now been approved for a remortgage, and will be able to pay the same amount to party B as under the terms of the order. Can party A make an application under section 24A(1) of the Matrimonial Causes Act 1973 to vary the terms of the order for sale, so that the property is sold to them instead of a third party? The parties have received an offer on the property and party B wishes to proceed with the sale to a third party. So long as party A can show that they have a mortgage offer, and that they can complete quickly, is there any reason why the court would reject their application?
An order for sale has been made by consent, with the net proceeds to be divided in accordance with the terms of the order. At the time the order was made, party A did not think they could remortgage the property in order to pay a lump sum to party B. They have now been approved for a remortgage, and will be able to pay the same amount to party B as under the terms of the order. Can party A make an application under section 24A(1) of the Matrimonial Causes Act 1973 to vary the terms of the order for sale, so that the property is sold to them instead of a third party? The parties have received an offer on the property and party B wishes to proceed with the sale to a third party. So long as party A can show that they have a mortgage offer, and that they can complete quickly, is there any reason why the court would reject their application?
Q&As

An order for the sale of the former matrimonial home was made in financial remedy proceedings. The occupying spouse has frustrated the sale and incurred mortgage arrears, with the consequence that the mortgagee has indicated they will seek to repossess the property. Should the mortgagee be served with an application to enforce the order for sale so that they can make representations? What would be the procedural requirements?
An order for the sale of the former matrimonial home was made in financial remedy proceedings. The occupying spouse has frustrated the sale and incurred mortgage arrears, with the consequence that the mortgagee has indicated they will seek to repossess the property. Should the mortgagee be served with an application to enforce the order for sale so that they can make representations? What would be the procedural requirements?
Q&As

An order made by consent provides for maintenance to be paid to the parent with care for the benefit of the child until the child reaches the age of 18 or finishes their secondary education (whichever is later), and thereafter for the maintenance to be paid directly to the child until they finish their tertiary education. In the event of the payer defaulting in relation to payments direct to the child, how can the order be enforced? Can it be enforced on behalf of the child, or can the child enforce the order even where they were not a party to the original order?
An order made by consent provides for maintenance to be paid to the parent with care for the benefit of the child until the child reaches the age of 18 or finishes their secondary education (whichever is later), and thereafter for the maintenance to be paid directly to the child until they finish their tertiary education. In the event of the payer defaulting in relation to payments direct to the child, how can the order be enforced? Can it be enforced on behalf of the child, or can the child enforce the order even where they were not a party to the original order?
Q&As

An unincorporated charity has the benefit of a registered charge over a freehold property. The charity's then seven trustees originally entered into the charge. Two of the trustees are deceased and the remaining five are no longer trustees of the charity. It is not known if formal deeds of retirement and then appointment of new trustees were entered into. The charity wants to discharge the charge. How does the charity’s solicitor update the details of the charity trustees as set out in the charges register and what evidence will HM Land Registry require?
An unincorporated charity has the benefit of a registered charge over a freehold property. The charity's then seven trustees originally entered into the charge. Two of the trustees are deceased and the remaining five are no longer trustees of the charity. It is not known if formal deeds of retirement and then appointment of new trustees were entered into. The charity wants to discharge the charge. How does the charity’s solicitor update the details of the charity trustees as set out in the charges register and what evidence will HM Land Registry require?
Q&As

An unmarried couple jointly own a property and following the breakdown of the relationship one party wishes to remain in that property with the children of the relationship until they are 18 years old. On an application under the Trusts of Land and Appointment of Trustees Act 1996, would the court have regard to that wish and the needs of the children? Would the approach be different if the children are not the children of both parties? Would there be any advantage in waiting until the other party makes an application under the TOLATA 1996 and then defending that application, or in issuing an application under Schedule 1 to the Children Act 1989?
An unmarried couple jointly own a property and following the breakdown of the relationship one party wishes to remain in that property with the children of the relationship until they are 18 years old. On an application under the Trusts of Land and Appointment of Trustees Act 1996, would the court have regard to that wish and the needs of the children? Would the approach be different if the children are not the children of both parties? Would there be any advantage in waiting until the other party makes an application under the TOLATA 1996 and then defending that application, or in issuing an application under Schedule 1 to the Children Act 1989?
Q&As

Are alterations to a property (including repositioning a staircase, installing a new staircase and creating a roof terrace on the roof of a flat) classed as 'once and for all' breaches? If so, will a landlord have waived their right to forfeit if they have been aware of the alterations for a number of years and have continued to demand payment for rent? Is there any case law to support this?
Are alterations to a property (including repositioning a staircase, installing a new staircase and creating a roof terrace on the roof of a flat) classed as 'once and for all' breaches? If so, will a landlord have waived their right to forfeit if they have been aware of the alterations for a number of years and have continued to demand payment for rent? Is there any case law to support this?
Q&As

Are breaches of a commercial lease covenant to comply with planning Acts and obtain landlord’s consent prior to applying for planning permission once and for all or continuing for the purposes of forfeiture?
Are breaches of a commercial lease covenant to comply with planning Acts and obtain landlord’s consent prior to applying for planning permission once and for all or continuing for the purposes of forfeiture?
Q&As

Are buildings within a cathedral precinct excluded from Collective Enfranchisement claims? Is there a list or map of cathedral precincts that can be inspected online?
Are buildings within a cathedral precinct excluded from Collective Enfranchisement claims? Is there a list or map of cathedral precincts that can be inspected online?
Q&As

Are fixed charge receivers able to serve a section 8/21 notice on residential tenants (and subsequently issue proceedings) where the company in receivership has already commenced section 21 proceedings? It's unlikely the existing proceedings will be successful (they are currently stayed to enable the parties to ascertain if a How to Rent checklist was properly served) and the receivers want to start the process from the beginning. Will the existence of the stayed proceedings cause an issue?
Are fixed charge receivers able to serve a section 8/21 notice on residential tenants (and subsequently issue proceedings) where the company in receivership has already commenced section 21 proceedings? It's unlikely the existing proceedings will be successful (they are currently stayed to enable the parties to ascertain if a How to Rent checklist was properly served) and the receivers want to start the process from the beginning. Will the existence of the stayed proceedings cause an issue?
Q&As

Are litigants in person required to use CE-file in the High Court? To what extent should opposing solicitors help a litigant in person with the filing process?
Are litigants in person required to use CE-file in the High Court? To what extent should opposing solicitors help a litigant in person with the filing process?
Q&As

Are mixed signings permissible? For example where one party to a deed signs a counterpart in wet ink and another signs a counterpart with an electronic signature; where one counterpart is wet ink signed and the other counterpart is signed by virtual means (a Mercury signature); or where one counterpart has a Mercury signature and the other counterpart has been signed with an electronic signature.
Are mixed signings permissible? For example where one party to a deed signs a counterpart in wet ink and another signs a counterpart with an electronic signature; where one counterpart is wet ink signed and the other counterpart is signed by virtual means (a Mercury signature); or where one counterpart has a Mercury signature and the other counterpart has been signed with an electronic signature.
Q&As

Are old land charges deleted from the register when a property is registered at HM Land Registry?
Are old land charges deleted from the register when a property is registered at HM Land Registry?
Q&As

Are polyandrous marriages (ie where a woman has more than one husband) recognised in England and Wales in the same way as polygamous marriages?
Are polyandrous marriages (ie where a woman has more than one husband) recognised in England and Wales in the same way as polygamous marriages?
Q&As

Are recorded conversations between lay people legal and can they be used in legal proceedings?
Are recorded conversations between lay people legal and can they be used in legal proceedings?
Q&As

Are the costs of closing a foreign bank account and transferring the funds to the legatee of a demonstrative legacy who is resident abroad payable out of the residuary estate or the legacy itself?
Are the costs of closing a foreign bank account and transferring the funds to the legatee of a demonstrative legacy who is resident abroad payable out of the residuary estate or the legacy itself?
Q&As

Are the costs of the landlord applying to the First Tier Tribunal to challenge the validity of the tenant’s section 42 notice recoverable from the tenant under the Leasehold Reform, Housing and Urban Development Act 1993?
Are the costs of the landlord applying to the First Tier Tribunal to challenge the validity of the tenant’s section 42 notice recoverable from the tenant under the Leasehold Reform, Housing and Urban Development Act 1993?
Q&As

Are the decisions of the First-tier Tribunal (Property Chamber) binding upon its self?
Are the decisions of the First-tier Tribunal (Property Chamber) binding upon its self?
Q&As

Are there any cases in which the court has considered the grant of parental responsibility under section 12(2A) of the Children Act 1989?
Are there any cases in which the court has considered the grant of parental responsibility under section 12(2A) of the Children Act 1989?
Q&As

Are there any circumstances in which ‘irrevocable authority’ can be revoked? The context here the landlord will confirm in a document that they give their irrevocable authority for the tenant to complete a document, which the landlord will have previously executed in escrow. Is there any risk of the irrevocable authority being revoked?
Are there any circumstances in which ‘irrevocable authority’ can be revoked? The context here the landlord will confirm in a document that they give their irrevocable authority for the tenant to complete a document, which the landlord will have previously executed in escrow. Is there any risk of the irrevocable authority being revoked?
Q&As

Are there any decided cases that deal with whether the payment of rent, where the parents are unmarried, is a 'maintenance' obligation and so can only be ordered where the top-up court jurisdiction applies as to maintenance for a child? If rent is a maintenance obligation is it permissible for a payee to seek a lump sum of capitalised rent to get around the limitations of the top-up jurisdiction?
Are there any decided cases that deal with whether the payment of rent, where the parents are unmarried, is a 'maintenance' obligation and so can only be ordered where the top-up court jurisdiction applies as to maintenance for a child? If rent is a maintenance obligation is it permissible for a payee to seek a lump sum of capitalised rent to get around the limitations of the top-up jurisdiction?
Q&As

First 12 13 14 15 16 17 Last

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