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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

How would one 'follow the contracting out process without prejudice to the primary position' of granting a licence?
How would one 'follow the contracting out process without prejudice to the primary position' of granting a licence?
Q&As

How would the court approach an application for contact with a child by someone who is under a disability, for example a parent who suffered a brain injury and the child will need to be cared for during contact by a third party? Is there any relevant case law applicable to these circumstances?
How would the court approach an application for contact with a child by someone who is under a disability, for example a parent who suffered a brain injury and the child will need to be cared for during contact by a third party? Is there any relevant case law applicable to these circumstances?
Q&As

I am acting for a Tenant who has agreed to take a new sub-lease of commercial premises for a term of 5 years. The landlord’s solicitor has provided a copy of the head lease and a new draft lease by reference. The new lease is not drafted by reference to the head lease. Instead, it has been drafted by reference to a lease to the previous tenant (which has expired). The premises have been vacant for some months. As a matter of construction, is it acceptable to complete a lease by reference to an expired lease to a previous tenant?
I am acting for a Tenant who has agreed to take a new sub-lease of commercial premises for a term of 5 years. The landlord’s solicitor has provided a copy of the head lease and a new draft lease by reference. The new lease is not drafted by reference to the head lease. Instead, it has been drafted by reference to a lease to the previous tenant (which has expired). The premises have been vacant for some months. As a matter of construction, is it acceptable to complete a lease by reference to an expired lease to a previous tenant?
Q&As

I have commenced proceedings in the Commercial Court. I need to serve the claim form outside England and Wales but I cannot find a form N1D specific for the Commercial Court. Should I include Form N1D (Notes for defendant on replying to the claim form out of the jurisdiction) alongside Form N9(CC)?
I have commenced proceedings in the Commercial Court. I need to serve the claim form outside England and Wales but I cannot find a form N1D specific for the Commercial Court. Should I include Form N1D (Notes for defendant on replying to the claim form out of the jurisdiction) alongside Form N9(CC)?
Q&As

I need to serve a claim form and I am up against a limitation period. I think I can rely on section 7 of the Interpretation Act 1978 to prove that I have served it. Is that right? If so, does the section apply to DX as well as the postal service?
I need to serve a claim form and I am up against a limitation period. I think I can rely on section 7 of the Interpretation Act 1978 to prove that I have served it. Is that right? If so, does the section apply to DX as well as the postal service?
Q&As

I recently completed a grant of a lease for my client. I understand my client went into occupation of the premises prior to completion of the acquisition. What is the effective date for SDLT purposes?
I recently completed a grant of a lease for my client. I understand my client went into occupation of the premises prior to completion of the acquisition. What is the effective date for SDLT purposes?
Q&As

I want to merge a large number of freehold title numbers, all of which are registered to the same proprietor and subject to a charge in favour of a bank. What process should I use?
I want to merge a large number of freehold title numbers, all of which are registered to the same proprietor and subject to a charge in favour of a bank. What process should I use?
Q&As

If a buyer allows the residential sellers to remain in occupation post-completion, what is the best way of ensuring that he will be able to get them out?
If a buyer allows the residential sellers to remain in occupation post-completion, what is the best way of ensuring that he will be able to get them out?
Q&As

If a buyer’s solicitor is not holding original signed documents, only copies, are they ready, willing and able to complete for the purposes of serving a notice to complete?
If a buyer’s solicitor is not holding original signed documents, only copies, are they ready, willing and able to complete for the purposes of serving a notice to complete?
Q&As

If a child arrangements order is made in Scotland and the child now lives in England, would an application to vary the order be made to the original court in Scotland along with an application to transfer the proceedings to the court nearest to where the child lives in England, or could new proceedings be issued in England?
If a child arrangements order is made in Scotland and the child now lives in England, would an application to vary the order be made to the original court in Scotland along with an application to transfer the proceedings to the court nearest to where the child lives in England, or could new proceedings be issued in England?
Q&As

If a child has committed a tort, does the letter before action need to be sent to the parents and is a parent responsible in tort for their child?
If a child has committed a tort, does the letter before action need to be sent to the parents and is a parent responsible in tort for their child?
Q&As

If a child’s name has been changed by deed poll can they child be registered at school by the new name rather than their birth certificate name?
If a child’s name has been changed by deed poll can they child be registered at school by the new name rather than their birth certificate name?
Q&As

If a claimant has issued proceedings against two defendants and subsequently the first defendant makes a Part 36 offer to settle the matter despite liability being outstanding between the two defendants, can the first defendant then pursue the second defendant for a recovery? Will separate proceedings need to be issued by the first defendant against the second defendant to decide the liability issue?
If a claimant has issued proceedings against two defendants and subsequently the first defendant makes a Part 36 offer to settle the matter despite liability being outstanding between the two defendants, can the first defendant then pursue the second defendant for a recovery? Will separate proceedings need to be issued by the first defendant against the second defendant to decide the liability issue?
Q&As

If a claimant landlord discontinues a claim for rent arrears before the exchange of witness statements, may it still rely on that claim at trial as a defence of set-off to the tenant's counterclaim?
If a claimant landlord discontinues a claim for rent arrears before the exchange of witness statements, may it still rely on that claim at trial as a defence of set-off to the tenant's counterclaim?
Q&As

If a commercial business tenancy (outside of the Landlord and Tenant Act 1954) is in the name of two landlords and one tenant and the tenant addresses and serves a notice to quit to only one of the landlords, is the notice still valid?
If a commercial business tenancy (outside of the Landlord and Tenant Act 1954) is in the name of two landlords and one tenant and the tenant addresses and serves a notice to quit to only one of the landlords, is the notice still valid?
Q&As

If a commercial lease contains a provision to pay service charge but service charge has never been demanded, is there a limit as to what period a landlord can request backdated service charge for?
If a commercial lease contains a provision to pay service charge but service charge has never been demanded, is there a limit as to what period a landlord can request backdated service charge for?
Q&As

If a commercial property has been sold and the seller has left livestock on the land, does the purchaser need to follow the procedures under the Torts (Interference with Goods) Act 1977 to have the livestock removed?
If a commercial property has been sold and the seller has left livestock on the land, does the purchaser need to follow the procedures under the Torts (Interference with Goods) Act 1977 to have the livestock removed?
Q&As

If a commercial tenant becomes insolvent what effect does this have on the lease and payment of business rates?
If a commercial tenant becomes insolvent what effect does this have on the lease and payment of business rates?
Q&As

If a commercial tenant is in administration, does the administrator’s consent need to be obtained before a section 146 notice can be served or does the moratorium not prevent the service of the notice? In other words, can a section 146 notice be served, with a covering letter asking for the administrator’s consent to forfeit, or will that section 146 notice be invalid?
If a commercial tenant is in administration, does the administrator’s consent need to be obtained before a section 146 notice can be served or does the moratorium not prevent the service of the notice? In other words, can a section 146 notice be served, with a covering letter asking for the administrator’s consent to forfeit, or will that section 146 notice be invalid?
Q&As

If a company is used to purchase a residential property located in England are there any other considerations to factor in over and above the usual points to consider if an individual were the purchaser?
If a company is used to purchase a residential property located in England are there any other considerations to factor in over and above the usual points to consider if an individual were the purchaser?
Q&As

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