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4 King’s Bench Walk
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Chris Bryden
Barrister
4 King’s Bench Walk
Katherine Illsley
4 King’s Bench Walk
Victoria Adams
Barrister
4 King’s Bench Walk
Contributions by 4 King’s Bench Walk Experts
1514
Can a local authority grant a right of way or any other easement over public open space, in a lease? If so, will section 123 of the Local Government Act 1972 apply?
Q&As
Local Government
Can a local authority refuse a Social Housing Relief claim because the relief assessment is inaccurate?
Q&As
Planning
Can a local authority’s right of first refusal on the sale of a former right to buy property apply only to the first relevant disposal or does it extend to subsequent relevant disposals within the ten-year period in the Housing (Right of First Refusal) (England) Regulations 2005, SI 2005/1917? If a local authority rejects an offer to buy-back a property and the former tenant disposes of it as they wish, would a subsequent buyer within the ten-year period be bound by the same local authority right of first refusal requirements?
Q&As
Local Government
Can a lodger apply for a rent repayment order?
Q&As
Property Disputes
Can a long leaseholder who is also co-owner of the freehold extend their lease under the Leasehold Reform, Housing and Urban Development Act 1993?
Q&As
Property
Can a Mesher order be made when the parties continue to own the property as joint tenants? If that is not possible, what other mechanism could be used where the parties separate and continue to own the property as joint tenants but with one of them remaining in the property until the child reaches the age of 18?
Q&As
Family
Can a mortgagee in possession grant a long lease for value (eg with a premium paid) under the statutory powers of section 99 of the Law of Property Act 1925? Would the premium in this case be considered a fine?
Q&As
Property Disputes
Can a mortgagee in possession grant a long residential lease to a purchaser?
Q&As
Property Disputes
Can a mortgagee in possession of a freehold title issue forfeiture proceedings (rather than exercising a power of sale) based on non payment of ground rent? Or is forfeiture a right exclusive to a landlord only?
Q&As
Property Disputes
Can a mortgagee in possession sell the property to himself or a company in which the mortgagee has shares or another connected company?
Q&As
Property
Can a mother of a disabled child seek periodical payments under Schedule 1 to the Children Act 1989 to cover the cost of the mortgage repayments on the family home?
Q&As
Family
Can a non-biological father be liable to pay child maintenance to the biological mother either by virtue of a calculation by the Child Maintenance Service or as a result of an application by the mother for financial provision under Schedule 1 to the Children Act 1989?
Q&As
Family
Can a non-molestation order that has expired be extended by the court retrospectively?
Q&As
Family
Can a non-molestation undertaking be given to the court notwithstanding that there are no ongoing proceedings for a non-molestation order? If so how would such an undertaking be submitted and is an undertaking binding that has been signed but not lodged with the court?
Q&As
Family
Can a parent (in divorce proceedings and before a final order has been made regarding financial matters) apply to the court for a child maintenance order for a child who is over the age of 18 while that child is at university (or intending to go to university), as opposed to only the child being able to make the application? Would a child maintenance cover a first degree and a masters course, if that followed on immediately after the first degree course? Would the child be able to seek maintenance for multiple degree courses?
Q&As
Family
Can a Part 20 defendant to an additional claim settle the main action with the claimant even though the Part 20 defendant is not a party to that claim? Can a Part 20 defendant to an additional claim obtain any costs protection by making an offer to settle to the claimant in the main action?
Q&As
Dispute Resolution
Can a Part 36 Offer from a defendant be an offer in full and final settlement of the claim of £0 and for each party to bear their own costs? Would this be a valid Part 36 Offer?
Q&As
Dispute Resolution
Can a Part 36 offer to settle a bill of costs be inclusive of interest and assessment costs?
Q&As
Dispute Resolution
Can a person be vicariously responsible for the acts of trespass of another? Specifically, a situation where contractors/visitors delivering materials trespass over a third party's property to access the client's property (to carry out works/deliver materials etc)?
Q&As
Property Disputes
Can a person claim adverse possession of land if they have granted an agricultural tenancy over the land?
Q&As
Property
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