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Chris Bryden
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4 King’s Bench Walk
Katherine Illsley
4 King’s Bench Walk
Victoria Adams
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4 King’s Bench Walk
Contributions by 4 King’s Bench Walk Experts
1514
Can a person claim adverse possession over a right of way?
Q&As
Property
Can a pre-emption agreement of a beneficial interest in property be enforceable?
Q&As
Property
Can a property adjustment order made in England and Wales in respect of a former matrimonial home situated in Ireland be enforced in Ireland without further orders having to be made by the Irish courts?
Q&As
Family
Can a property adjustment order, made as a trust of land varying the parties’ beneficial interests in the family home, be varied? Can specific provisions within the order, such as date of sale or which spouse can purchase the property, be varied?
Q&As
Family
Can a public maintainable highway constitute the dominant tenement in the context of an easement for services? Would the answer change if the Local Highway Authority only had highway rights over the land?
Q&As
Property
Can a Quistclose Trust arise over the land which was purchased with the money that was loaned for the specific purpose of buying the subject land?
Q&As
Property
Can a receiver appointed by a lender by virtue of a charge, bring CPR 55 possession proceedings against the borrower who is occupying the property? If so, in whose name are the proceedings brought?
Q&As
Property Disputes
Can a referral to local authority child protection services be challenged? Can an injunction be obtained to stop the initial child protection conference and/or is there an appeal process for a child protection conference?
Q&As
Family
Can a reporting restrictions order which is served on media organisations via email be good service? If so, are there any specific requirements?
Q&As
Family
Can a respondent be served with a divorce petition while in prison and can an application be made for deemed service?
Q&As
Family
Can a restrictive covenant not to do something be interpreted as not to permit or allow something to be done?
Q&As
Property
Can a safeguarding report in private law children proceedings be withheld from the parties if there is an ongoing investigation?
Q&As
Family
Can a sale by trustees overreach an overriding interest?
Q&As
Property
Can a Sears Tooth agreement be entered into in relation to proceedings under the Trusts of Land and Appointment of Trustees Act 1996 (TOLATA 1996)?
Q&As
Family
Can a second charging order be added to an order for sale proceedings after the first charging order has been issued? Can the sum due under the second charging order be included in the draft order sought at the order for sale hearing?
Q&As
Dispute Resolution
Can a spouse or civil partner register home rights under Part IV of the Family Law Act 1996 where they do not live in the property in question and plan to live abroad? In what other way may a potential interest in a property be protected?
Q&As
Family
Can a spouse register a home rights notice against land that adjoins the matrimonial home, as well as the house itself, when they are registered under two separate title numbers? Will the nature of the land and whether its use is integral to the use of the matrimonial home itself be a factor?
Q&As
Family
Can a statutory continuation tenant under the Landlord and Tenant Act 1954 (LTA 1954) lease who is in occupation after expiry of the contractual term simply vacate on expiry of a section 25 notice, or must they give three months’ notice under LTA 1954, s 27?
Q&As
Property Disputes
Can a stepfather (who was married to the mother) enter into a parental responsibility agreement with biological father after the death of mother?
Q&As
Family
Can a subtenant make a claim under the Defective Premises Act 1972 against a superior landlord where the subtenant’s immediate landlord is not responsible for the relevant repairs?
Q&As
Property Disputes
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