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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

Can Party B sell a property (registered in its sole name) by appointing a second trustee as a party to the transfer deed where Party A has registered a Form A restriction? The restriction is in respect of a potential TOLATA claim by Party A to a beneficial interest in the property (common intention constructive trust), which is disputed in its entirety by Party B.
Can Party B sell a property (registered in its sole name) by appointing a second trustee as a party to the transfer deed where Party A has registered a Form A restriction? The restriction is in respect of a potential TOLATA claim by Party A to a beneficial interest in the property (common intention constructive trust), which is disputed in its entirety by Party B.
Q&As

Can the applicant within proceedings as to financial provision on divorce, or under Schedule 1 to the Children Act 1989, seek an order that the applicant themselves pays child maintenance?
Can the applicant within proceedings as to financial provision on divorce, or under Schedule 1 to the Children Act 1989, seek an order that the applicant themselves pays child maintenance?
Q&As

Can the buyer rely on what was agreed in correspondence prior to exchange and request the money back from the seller which is not reflected in the contract?
Can the buyer rely on what was agreed in correspondence prior to exchange and request the money back from the seller which is not reflected in the contract?
Q&As

Can the Council vary a Stopping Up Order made under section 247 of the Town and Country Planning Act 1990 and what is the procedure for doing so?
Can the Council vary a Stopping Up Order made under section 247 of the Town and Country Planning Act 1990 and what is the procedure for doing so?
Q&As

Can the court make a child arrangements order (CAO) when the parents are still living together in the same home? If they then continue to live together for six months after the CAO is made, would the CAO cease to have effect?
Can the court make a child arrangements order (CAO) when the parents are still living together in the same home? If they then continue to live together for six months after the CAO is made, would the CAO cease to have effect?
Q&As

Can the court make a lump sum order in respect of school fees if the paying party were to receive an inheritance?
Can the court make a lump sum order in respect of school fees if the paying party were to receive an inheritance?
Q&As

Can the court make an exclusion order (currently an exclusion requirement under Children Act 1989, s 38A) when a final care order is made?
Can the court make an exclusion order (currently an exclusion requirement under Children Act 1989, s 38A) when a final care order is made?
Q&As

Can the court make an interim child arrangements order?
Can the court make an interim child arrangements order?
Q&As

Can the court make an order for the payment of spousal maintenance arrears within variation of maintenance proceedings, or does it only have jurisdiction to remit arrears on a variation application? Would a party have to make a cross-application for enforcement for arrears to be enforced?
Can the court make an order for the payment of spousal maintenance arrears within variation of maintenance proceedings, or does it only have jurisdiction to remit arrears on a variation application? Would a party have to make a cross-application for enforcement for arrears to be enforced?
Q&As

Can the court make an order within financial proceedings, or otherwise take into account, overpayments of child maintenance made under a statutory child support assessment?
Can the court make an order within financial proceedings, or otherwise take into account, overpayments of child maintenance made under a statutory child support assessment?
Q&As

Can the court order a transfer of equity from both owners to one owner of a property?
Can the court order a transfer of equity from both owners to one owner of a property?
Q&As

Can the court order an independent social worker to conduct a report under section 7 of the Children Act 1989 within private law children proceedings?
Can the court order an independent social worker to conduct a report under section 7 of the Children Act 1989 within private law children proceedings?
Q&As

Can the court refuse an applicant’s request to withdraw an application for a non-molestation order where the application has not been served on the respondent and no orders have yet been made?
Can the court refuse an applicant’s request to withdraw an application for a non-molestation order where the application has not been served on the respondent and no orders have yet been made?
Q&As

Can the EPA attorney for a surviving tenant in common appoint a second ‘proprietor’ to effect a sale or is a court order required?
Can the EPA attorney for a surviving tenant in common appoint a second ‘proprietor’ to effect a sale or is a court order required?
Q&As

Can the estate of a deceased spouse, who had been a party to divorce proceedings, make a financial remedy claim on behalf of a child? Does this depend on whether or not the decree absolute has been granted, and whether there are ongoing financial proceedings?
Can the estate of a deceased spouse, who had been a party to divorce proceedings, make a financial remedy claim on behalf of a child? Does this depend on whether or not the decree absolute has been granted, and whether there are ongoing financial proceedings?
Q&As

Can the executor of one tenant in common who is also selling as the attorney of the other tenant in common effect a valid transfer of the property?
Can the executor of one tenant in common who is also selling as the attorney of the other tenant in common effect a valid transfer of the property?
Q&As

Can the Family Court in the course of family proceedings order someone to remove photographs that have been posted online if they relate to either the children of the family or one of the parties?
Can the Family Court in the course of family proceedings order someone to remove photographs that have been posted online if they relate to either the children of the family or one of the parties?
Q&As

Can the landlord change the locks?
Can the landlord change the locks?
Q&As

Can the landlord force the tenant of an Agricultural Holdings Act 1986 tenancy to pay half the cost of replacing the windows? The tenant suspects the landlord’s motivation is to replace them before the MEES regulations take effect in 2020 in relation to existing residential lettings.
Can the landlord force the tenant of an Agricultural Holdings Act 1986 tenancy to pay half the cost of replacing the windows? The tenant suspects the landlord’s motivation is to replace them before the MEES regulations take effect in 2020 in relation to existing residential lettings.
Q&As

Can the landlord of residential premises, where a tenant has been in occupation for a number of years without a written lease being in place, serve a section 21 notice giving only 42 days’ notice where the landlord wants to move into the property himself?
Can the landlord of residential premises, where a tenant has been in occupation for a number of years without a written lease being in place, serve a section 21 notice giving only 42 days’ notice where the landlord wants to move into the property himself?
Q&As

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