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4 King’s Bench Walk

Experts

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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

A child’s mother has died and their adult sister is caring for them. The child's father is not named on the birth certificate and does not have parental responsibility. Would it be more appropriate to apply for guardianship or special guardianship, so that the sister may obtain parental responsibility? What are the advantages and disadvantages of each, and is there any real difference?
A child’s mother has died and their adult sister is caring for them. The child's father is not named on the birth certificate and does not have parental responsibility. Would it be more appropriate to apply for guardianship or special guardianship, so that the sister may obtain parental responsibility? What are the advantages and disadvantages of each, and is there any real difference?
Q&As

A claimant is seeking an order under the Trusts of Land and Appointment of Trustees Act 1996 as to their beneficial interest in two properties of which they are also the legal owner. The value of the properties is unknown and the claimant’s interest is disputed, therefore the value of the claim is unclear. How will the issue fee for a claim under the Civil Procedure Rules 1998, Pt 7 procedure be calculated?
A claimant is seeking an order under the Trusts of Land and Appointment of Trustees Act 1996 as to their beneficial interest in two properties of which they are also the legal owner. The value of the properties is unknown and the claimant’s interest is disputed, therefore the value of the claim is unclear. How will the issue fee for a claim under the Civil Procedure Rules 1998, Pt 7 procedure be calculated?
Q&As

A claimant issued a claim for detriment as a result of making protected disclosures. Claimant then proposed financial settlement of their claims and agreed termination of employment, and a settlement agreement was entered into, with an effective date of termination of November 2019. The claimant subsequently applied for three permanent posts in February and March 2020 within their former team and was not shortlisted. They have now submitted claims for constructive unfair dismissal, and detriment (not being shortlisted). Can the employer bring a contract counterclaim for the claimant’s breach of the settlement agreement, or should the employer argue that the claimant has waived their unfair dismissal claim and therefore only respond to the alleged detriment re shortlisting?
A claimant issued a claim for detriment as a result of making protected disclosures. Claimant then proposed financial settlement of their claims and agreed termination of employment, and a settlement agreement was entered into, with an effective date of termination of November 2019. The claimant subsequently applied for three permanent posts in February and March 2020 within their former team and was not shortlisted. They have now submitted claims for constructive unfair dismissal, and detriment (not being shortlisted). Can the employer bring a contract counterclaim for the claimant’s breach of the settlement agreement, or should the employer argue that the claimant has waived their unfair dismissal claim and therefore only respond to the alleged detriment re shortlisting?
Q&As

A claimant landlord issues a debt claim against the current tenant for arrears of rent and a former tenant for the same arrears (it remains liable, following service of a section 17 notice). The former tenant files a defence and brings a claim for an indemnity from the current tenant (relying on the indemnity in the assignment). The claimant obtains default judgment for the full amount of arrears from the current tenant, but it remains unsatisfied, so it intends to proceed with its claim against the former tenant. What can the former tenant do?
A claimant landlord issues a debt claim against the current tenant for arrears of rent and a former tenant for the same arrears (it remains liable, following service of a section 17 notice). The former tenant files a defence and brings a claim for an indemnity from the current tenant (relying on the indemnity in the assignment). The claimant obtains default judgment for the full amount of arrears from the current tenant, but it remains unsatisfied, so it intends to proceed with its claim against the former tenant. What can the former tenant do?
Q&As

A claimant makes a without prejudice offer to a defendant. The defendant has seven days to accept this. The defendant accepted the offer after two weeks. If the claimant is still happy to keep the offer on the table, how should the claimant reply to the defendant? If the claimant does not revert to the defendant at all, but is happy to keep the offer on the table, is there an agreement?
A claimant makes a without prejudice offer to a defendant. The defendant has seven days to accept this. The defendant accepted the offer after two weeks. If the claimant is still happy to keep the offer on the table, how should the claimant reply to the defendant? If the claimant does not revert to the defendant at all, but is happy to keep the offer on the table, is there an agreement?
Q&As

A client has a right of way over an adjoining piece of unregistered land and has registered a caution against first registration in respect of that land. Can the caution against first registration be transferred to a purchaser? Or would the purchaser have to register their own caution against first registration?
A client has a right of way over an adjoining piece of unregistered land and has registered a caution against first registration in respect of that land. Can the caution against first registration be transferred to a purchaser? Or would the purchaser have to register their own caution against first registration?
Q&As

A client has extended their lease under section 39 of the Leasehold Reform, Housing and Urban Development Act 1993 and then extended it again voluntarily, is the peppercorn rent protected?
A client has extended their lease under section 39 of the Leasehold Reform, Housing and Urban Development Act 1993 and then extended it again voluntarily, is the peppercorn rent protected?
Q&As

A client has recently broken up with their partner who has been residing at their property rent-free for approximately 20 years. The client would now like their former partner to leave. The former partner made no contributions towards bills or the maintenance of the property. The former partner has no rights, can be told that permission to reside has been revoked and that they must leave within a specified timeframe. What steps should then be taken to recover possession if it is not possible to change the locks or for the client to remove the former partner?
A client has recently broken up with their partner who has been residing at their property rent-free for approximately 20 years. The client would now like their former partner to leave. The former partner made no contributions towards bills or the maintenance of the property. The former partner has no rights, can be told that permission to reside has been revoked and that they must leave within a specified timeframe. What steps should then be taken to recover possession if it is not possible to change the locks or for the client to remove the former partner?
Q&As

A client is selling a property and an Energy Performance Certificate (EPC) has been provided to the buyer, however, the EPC will expire before the sale is completed. Does another EPC have to be obtained before the sale completes or is the existing EPC sufficient?
A client is selling a property and an Energy Performance Certificate (EPC) has been provided to the buyer, however, the EPC will expire before the sale is completed. Does another EPC have to be obtained before the sale completes or is the existing EPC sufficient?
Q&As

A client is taking an option over Farm Land which will trigger a lease if certain conditions are met. There is only one access point to the farm (being the Landlord's Property) but this does not immediately abut the adopted highway & there is an intervening strip of highway (1m or so) which has been revealed (by highways search) as a bridleway. Is our client able to cross the bridleway without breaching the section 34 of the Road Traffic Act 1988 legislation? They would be crossing the bridleway for the purpose of accessing their option site & there is no other access without crossing the bridleway?
A client is taking an option over Farm Land which will trigger a lease if certain conditions are met. There is only one access point to the farm (being the Landlord's Property) but this does not immediately abut the adopted highway & there is an intervening strip of highway (1m or so) which has been revealed (by highways search) as a bridleway. Is our client able to cross the bridleway without breaching the section 34 of the Road Traffic Act 1988 legislation? They would be crossing the bridleway for the purpose of accessing their option site & there is no other access without crossing the bridleway?
Q&As

A co-habitant (A) paid the mortgage and bills without contribution from the other co-habitant (B). A was excluded from the property due to bail conditions but has since received permission to evict B from the property. B did not pay rent and was not in exclusive occupation until A's exclusion from the property. Could a tenancy in favour of B have arisen while A was excluded from the property or would B have just remained as a lodger?
A co-habitant (A) paid the mortgage and bills without contribution from the other co-habitant (B). A was excluded from the property due to bail conditions but has since received permission to evict B from the property. B did not pay rent and was not in exclusive occupation until A's exclusion from the property. Could a tenancy in favour of B have arisen while A was excluded from the property or would B have just remained as a lodger?
Q&As

A commercial lease granted the tenant a right of way over a communal driveway on an industrial estate. The driveway was transferred to a third party without reserving the right of way to the transferor. Is the right of way in the lease still valid?
A commercial lease granted the tenant a right of way over a communal driveway on an industrial estate. The driveway was transferred to a third party without reserving the right of way to the transferor. Is the right of way in the lease still valid?
Q&As

A commercial lease has been forfeited for non-payment of rent and the landlord wishes to grant a new lease to a new tenant. The Land Registry (LR) is insisting on serving notice on the tenant of the title closure notice application, resulting in delay before grant of the new lease. What authority is there to allow LR to delay the application and insist on serving this notice? How can this be expedited?
A commercial lease has been forfeited for non-payment of rent and the landlord wishes to grant a new lease to a new tenant. The Land Registry (LR) is insisting on serving notice on the tenant of the title closure notice application, resulting in delay before grant of the new lease. What authority is there to allow LR to delay the application and insist on serving this notice? How can this be expedited?
Q&As

A company has adversely possessed unregistered land for ten years and wants to transfer its interest in the land to a related company. Would that trigger compulsory first registration under section 4 of the Land Registration Act 2002? It is proposed that the transferor will swear a statutory declaration to evidence its possession of the land and the parties will attach that declaration to the transfer, so that the transferee can, in time, swear a further statutory declaration to support its application to HM Land Registry for title by adverse possession. Would there be any legal issues with that approach?
A company has adversely possessed unregistered land for ten years and wants to transfer its interest in the land to a related company. Would that trigger compulsory first registration under section 4 of the Land Registration Act 2002? It is proposed that the transferor will swear a statutory declaration to evidence its possession of the land and the parties will attach that declaration to the transfer, so that the transferee can, in time, swear a further statutory declaration to support its application to HM Land Registry for title by adverse possession. Would there be any legal issues with that approach?
Q&As

A company is acquiring a development site but the legal title has a unilateral notice protecting pending land action in the Family Court. The company is acquiring the site from four trustees and as the interest is in the proceeds of sale and not the property, it seems that the beneficial interest will be overreached. Will legal title be subject to the unilateral notice? What is the correct course of action to ensure it is removed?
A company is acquiring a development site but the legal title has a unilateral notice protecting pending land action in the Family Court. The company is acquiring the site from four trustees and as the interest is in the proceeds of sale and not the property, it seems that the beneficial interest will be overreached. Will legal title be subject to the unilateral notice? What is the correct course of action to ensure it is removed?
Q&As

A company is considering entering into a joint contract of employment with another company, so that the employees are jointly employed by both companies as joint employers. At present, the employees are employed by only one of those companies. Will this give rise to a TUPE transfer, or is this simply a change to the employees’ terms and conditions? Should one of the companies decide that it no longer wishes to be a joint employer in the future and the employees move back to being solely employed by one of the companies, will this give risk to a TUPE transfer, or is this simply a further change to the employees’ terms and conditions?
A company is considering entering into a joint contract of employment with another company, so that the employees are jointly employed by both companies as joint employers. At present, the employees are employed by only one of those companies. Will this give rise to a TUPE transfer, or is this simply a change to the employees’ terms and conditions? Should one of the companies decide that it no longer wishes to be a joint employer in the future and the employees move back to being solely employed by one of the companies, will this give risk to a TUPE transfer, or is this simply a further change to the employees’ terms and conditions?
Q&As

A completed development is being handed over and estate rentcharges were noted within the TP1s for the benefit of the transferor (T) and the management company. How can T be removed as a beneficiary of the estate rentcharge? The management company is set up and T wishes to have no further involvement.
A completed development is being handed over and estate rentcharges were noted within the TP1s for the benefit of the transferor (T) and the management company. How can T be removed as a beneficiary of the estate rentcharge? The management company is set up and T wishes to have no further involvement.
Q&As

A council is buying back land by agreement in relation to a possible compulsory purchase order. A seller is being paid the market value of their property as well as compensation in the form of disturbance payments and statutory loss. The seller does not want the amount set out in this way in the transaction documents but wants the full figure reflected in the TR1. How should this be reflected in the TR1, eg should option 1 in panel 8 be used or option 3 (other receipts). By using ‘other receipts’, would this have any effect on the stamp duty land tax payment?
A council is buying back land by agreement in relation to a possible compulsory purchase order. A seller is being paid the market value of their property as well as compensation in the form of disturbance payments and statutory loss. The seller does not want the amount set out in this way in the transaction documents but wants the full figure reflected in the TR1. How should this be reflected in the TR1, eg should option 1 in panel 8 be used or option 3 (other receipts). By using ‘other receipts’, would this have any effect on the stamp duty land tax payment?
Q&As

A council is in the process of granting a long lease to an academy trust and a caretaker's house is situated within the school site. The caretaker's house has over the years been used ancillary to the school provisions. Is the local authority legally required under the Academies Act 2010 or any other educational act to transfer the caretaker's house together with the school site?
A council is in the process of granting a long lease to an academy trust and a caretaker's house is situated within the school site. The caretaker's house has over the years been used ancillary to the school provisions. Is the local authority legally required under the Academies Act 2010 or any other educational act to transfer the caretaker's house together with the school site?
Q&As

A council lent a sum of money to a borrower in 1978 and secured it by way of a mortgage by demise. The sum has been repaid and there is a vacating receipt with the deeds. Is a formal surrender or any document required to effect surrender and will this trigger first registration at HM Land Registry?
A council lent a sum of money to a borrower in 1978 and secured it by way of a mortgage by demise. The sum has been repaid and there is a vacating receipt with the deeds. Is a formal surrender or any document required to effect surrender and will this trigger first registration at HM Land Registry?
Q&As

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