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4 King’s Bench Walk

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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

Fact-finding hearings in private children proceedings
Fact-finding hearings in private children proceedings
Practice notes

This Practice Note explains about fact-finding or split hearings in private children cases. It sets out the factors in FPR 2010, PD 12J that the court should take into account when determining whether a split hearing is required in cases involving domestic abuse and the matters that the court should consider where a fact-finding hearing is required. It explains what the court’s task is at a fact-finding hearing and the principles that the court will adopt in determining whether a fact is found proved or not.

Does the Tenant Fees Act 2019 apply to lodgers?
Does the Tenant Fees Act 2019 apply to lodgers?
Q&As

Does the variation of a registered charge amount to a 'disposition' for the purposes of a restriction on the proprietorship register of a registered title requiring third party consent to dispositions?
Does the variation of a registered charge amount to a 'disposition' for the purposes of a restriction on the proprietorship register of a registered title requiring third party consent to dispositions?
Q&As

Does the wife's parents' financial contribution create a beneficial interest for them in the property and are there any implications from an inheritance tax issue if the money was given to the couple more than seven years ago?
Does the wife's parents' financial contribution create a beneficial interest for them in the property and are there any implications from an inheritance tax issue if the money was given to the couple more than seven years ago?
Q&As

During the 'registration gap' between the transfer and registration of the freehold reversion, as between transferor and transferee, who owes a duty to the tenant under the Landlord and Tenant Act 1988? Who should the tenant send notice to, in order to apply for consent (eg to assign, or alter) and who should grant licences?
During the 'registration gap' between the transfer and registration of the freehold reversion, as between transferor and transferee, who owes a duty to the tenant under the Landlord and Tenant Act 1988? Who should the tenant send notice to, in order to apply for consent (eg to assign, or alter) and who should grant licences?
Q&As

Financial remedy proceedings were settled, and the decree absolute obtained prior to 1 December 2000. Could a pension sharing order now be made by consent? Or is there an alternative way in which a pension share may be effected by the transferor transferring 100% of a pension fund to the recipient?
Financial remedy proceedings were settled, and the decree absolute obtained prior to 1 December 2000. Could a pension sharing order now be made by consent? Or is there an alternative way in which a pension share may be effected by the transferor transferring 100% of a pension fund to the recipient?
Q&As

Following a divorce, do both parents (both holding parental responsibility) have a right to information regarding a trust of which their child is a minor beneficiary?
Following a divorce, do both parents (both holding parental responsibility) have a right to information regarding a trust of which their child is a minor beneficiary?
Q&As

Following a judicial review consent order, the Secretary of State for the Home Department agreed our costs. Since then, we have been informed twice that payment has been processed but has not yet been received. What are the next steps? How and where can enforcement proceedings be issued and what is the correct form to use?
Following a judicial review consent order, the Secretary of State for the Home Department agreed our costs. Since then, we have been informed twice that payment has been processed but has not yet been received. What are the next steps? How and where can enforcement proceedings be issued and what is the correct form to use?
Q&As

Following a party wall award (PWA), works have been carried out to a property which have caused damage, could a claim in trespass be brought against the builder who carried out the works, rather than the property owner? Are the party wall surveyors able to determine a claim for loss of earnings, loss of rent, loss of amenity, distress and inconvenience? Where the PWA makes no provision for legal and professional fees, can the adjoining owner appoint a third surveyor to determine this, where the property owner is refusing to instruct their surveyor to act?
Following a party wall award (PWA), works have been carried out to a property which have caused damage, could a claim in trespass be brought against the builder who carried out the works, rather than the property owner? Are the party wall surveyors able to determine a claim for loss of earnings, loss of rent, loss of amenity, distress and inconvenience? Where the PWA makes no provision for legal and professional fees, can the adjoining owner appoint a third surveyor to determine this, where the property owner is refusing to instruct their surveyor to act?
Q&As

Following an assignment of part, is there still only one tenancy (meaning that the assignor and assignee would have to act collectively to apply to the court for a new tenancy under section 24 of the Landlord and Tenant Act 1954)? Is there authority on this?
Following an assignment of part, is there still only one tenancy (meaning that the assignor and assignee would have to act collectively to apply to the court for a new tenancy under section 24 of the Landlord and Tenant Act 1954)? Is there authority on this?
Q&As

Following the decision in Rashid v Nasrullah [2018] EWCA Civ 2685, is there a limitation period in which an application to rectify the register must be made by a dispossessed owner in response to a successful registration by adverse possession?
Following the decision in Rashid v Nasrullah [2018] EWCA Civ 2685, is there a limitation period in which an application to rectify the register must be made by a dispossessed owner in response to a successful registration by adverse possession?
Q&As

For a judgment in default of an acknowledgment of service form, can the costs incurred to date of judgment be recovered, ie the issue fee, interest from date of issue, any fixed costs as well as any other costs (including pre-action costs) to be subject to assessment if not agreed? Could a request be used or would an application be required? The claim is over £30,000.
For a judgment in default of an acknowledgment of service form, can the costs incurred to date of judgment be recovered, ie the issue fee, interest from date of issue, any fixed costs as well as any other costs (including pre-action costs) to be subject to assessment if not agreed? Could a request be used or would an application be required? The claim is over £30,000.
Q&As

For the purpose of dilapidations is a reversionary lease standalone or a renewal lease? A tenant’s surveyor claims that a landlord cannot claim for certain works as the reversionary lease is standalone and not a renewal.
For the purpose of dilapidations is a reversionary lease standalone or a renewal lease? A tenant’s surveyor claims that a landlord cannot claim for certain works as the reversionary lease is standalone and not a renewal.
Q&As

For the purpose of serving a lease break notice on joint landlords, is it valid to send a separate letter to each landlord (addressing only a single landlord) so that there is no single letter or notice which is sent to 'the landlord'. Or can you consider that together the two separate letters constitute a valid break notice?
For the purpose of serving a lease break notice on joint landlords, is it valid to send a separate letter to each landlord (addressing only a single landlord) so that there is no single letter or notice which is sent to 'the landlord'. Or can you consider that together the two separate letters constitute a valid break notice?
Q&As

For the purposes of section 42 of the Landlord and Tenant Act 1954 (LTA 1954), if a lease is in the name of company A but company B (a subsidiary of company A) is in occupation, does company B need to carry on the same business as company A for the lease to benefit from LTA 1954 protection—or does company B just need to carry on a business (not the same as company A's)?
For the purposes of section 42 of the Landlord and Tenant Act 1954 (LTA 1954), if a lease is in the name of company A but company B (a subsidiary of company A) is in occupation, does company B need to carry on the same business as company A for the lease to benefit from LTA 1954 protection—or does company B just need to carry on a business (not the same as company A's)?
Q&As

Form C100 contains provision to apply for a child arrangements order by consent. What is the court fee to do so and what steps will the court take in relation to such an application, ie will the court list the application for a hearing or would it be considered on paper?
Form C100 contains provision to apply for a child arrangements order by consent. What is the court fee to do so and what steps will the court take in relation to such an application, ie will the court list the application for a hearing or would it be considered on paper?
Q&As

Former cohabitants jointly own a property and have agreed that one of the parties will buy out the other’s interest by payment of a lump sum, or that if the non-retaining party cannot be released from the mortgage by a specified date, that the property be sold and the proceeds of sale divided by an agreement. Where there is a concern as to possible bankruptcy, are there any steps that can be taken in the agreement and a declaration of trust to address the potential bankruptcy of a party?
Former cohabitants jointly own a property and have agreed that one of the parties will buy out the other’s interest by payment of a lump sum, or that if the non-retaining party cannot be released from the mortgage by a specified date, that the property be sold and the proceeds of sale divided by an agreement. Where there is a concern as to possible bankruptcy, are there any steps that can be taken in the agreement and a declaration of trust to address the potential bankruptcy of a party?
Q&As

Formerly cohabiting parties had reached agreement in relation to the sale of a jointly owned property and had entered into a deed of separation for that purpose. One party has now resiled on that agreement and removed the property from the market without the other party's consent. What can be done to enforce the terms of the agreement? Under which section of the Trusts of Land and Appointment of Trustees Act 1996 would any application to court be made?
Formerly cohabiting parties had reached agreement in relation to the sale of a jointly owned property and had entered into a deed of separation for that purpose. One party has now resiled on that agreement and removed the property from the market without the other party's consent. What can be done to enforce the terms of the agreement? Under which section of the Trusts of Land and Appointment of Trustees Act 1996 would any application to court be made?
Q&As

Goodman v Gallant holds that a declaration of trust (DoT) is conclusive as to the parties’ respective beneficial interests (absent fraud or mistake). Are there circumstances where, after an express DoT, the parties may by conduct impliedly or expressly vary the DoT allowing one party to later argue that their beneficial interest is more than as set out in the DoT?
Goodman v Gallant holds that a declaration of trust (DoT) is conclusive as to the parties’ respective beneficial interests (absent fraud or mistake). Are there circumstances where, after an express DoT, the parties may by conduct impliedly or expressly vary the DoT allowing one party to later argue that their beneficial interest is more than as set out in the DoT?
Q&As

Historically, there was an advantage for a debtor in entering into an equitable charge rather than a legal mortgage because the equitable charge did not attract stamp duty. When and how did this advantage cease?
Historically, there was an advantage for a debtor in entering into an equitable charge rather than a legal mortgage because the equitable charge did not attract stamp duty. When and how did this advantage cease?
Q&As

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