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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

If a company remains in occupation after expiry of a lease and continues to pay rent such that an implied periodic tenancy arises, can that periodic tenancy be assigned to a new company if the first goes into liquidation and the second (which has the same directors and operates the same business) continues in occupation and pays the rent? Or would a new periodic tenancy have arisen? Where the new company ceases to pay the rent, can the landlord forfeit?
If a company remains in occupation after expiry of a lease and continues to pay rent such that an implied periodic tenancy arises, can that periodic tenancy be assigned to a new company if the first goes into liquidation and the second (which has the same directors and operates the same business) continues in occupation and pays the rent? Or would a new periodic tenancy have arisen? Where the new company ceases to pay the rent, can the landlord forfeit?
Q&As

If a company signs up to an energy contract and owes debt to them can a new company which goes into occupation of the premise be liable for the debt? If the energy is disconnected due to the debt can the new tenant get a new supplier once disconnection happens?
If a company signs up to an energy contract and owes debt to them can a new company which goes into occupation of the premise be liable for the debt? If the energy is disconnected due to the debt can the new tenant get a new supplier once disconnection happens?
Q&As

If a company, which qualifies for Business Property Relief (BPR), has an overdrawn directors account ie the company owed money from the director, is this loan account an excepted asset for BPR purposes?
If a company, which qualifies for Business Property Relief (BPR), has an overdrawn directors account ie the company owed money from the director, is this loan account an excepted asset for BPR purposes?
Q&As

If a conditional fee agreement was initially entered into with the claimant's litigation friend (post April 2013) for a clinical negligence claim and the claimant has now reached the age of majority, does a new retainer need to be entered into with the claimant?
If a conditional fee agreement was initially entered into with the claimant's litigation friend (post April 2013) for a clinical negligence claim and the claimant has now reached the age of majority, does a new retainer need to be entered into with the claimant?
Q&As

If a consent order provides for the matrimonial home to be transferred to the wife subject to a charge in favour of the husband for a percentage of the value with the charge exercisable on one of the trigger events provided for, would the husband require leave of the court to enforce the charge in the event of one of the trigger events occurring if the children were in full time education and under 18?
If a consent order provides for the matrimonial home to be transferred to the wife subject to a charge in favour of the husband for a percentage of the value with the charge exercisable on one of the trigger events provided for, would the husband require leave of the court to enforce the charge in the event of one of the trigger events occurring if the children were in full time education and under 18?
Q&As

If a construction contract provides for mandatory adjudication (ie disputes must be referred to adjudication in the first instance), does this remain the case following termination?
If a construction contract provides for mandatory adjudication (ie disputes must be referred to adjudication in the first instance), does this remain the case following termination?
Q&As

If a couple owns a property as joint tenants, can one owner act for themselves and also as the attorney for the other owner under a lasting power of attorney for a transfer of part (TP1)?
If a couple owns a property as joint tenants, can one owner act for themselves and also as the attorney for the other owner under a lasting power of attorney for a transfer of part (TP1)?
Q&As

If a couple owns a property as joint tenants, can one owner act for themselves and also as the attorney for the other owner under a lasting power of attorney for a transfer of part?
If a couple owns a property as joint tenants, can one owner act for themselves and also as the attorney for the other owner under a lasting power of attorney for a transfer of part?
Q&As

If a covenant within a lease does not affect the land (it concerns a rent rebate) is this automatically a personal covenant that will not bind successors in title?
If a covenant within a lease does not affect the land (it concerns a rent rebate) is this automatically a personal covenant that will not bind successors in title?
Q&As

If a crew member is injured while flying, what jurisdiction should the claim be brought in?
If a crew member is injured while flying, what jurisdiction should the claim be brought in?
Q&As

If a deceased owned part of a property as part of a partnership, is it possible to claim the 10% discount for inheritance tax purposes for joint ownership? Secondly, does the position change if the property in question in abroad (and is passing under the UK Will after applying the relevant section of the EU Succession Regulation)?
If a deceased owned part of a property as part of a partnership, is it possible to claim the 10% discount for inheritance tax purposes for joint ownership? Secondly, does the position change if the property in question in abroad (and is passing under the UK Will after applying the relevant section of the EU Succession Regulation)?
Q&As

If a deed of surrender fails on a technicality, but the parties act as if a surrender has taken place and so there is a surrender by operation of law, would this supersede a break notice that takes effect on the same date? Or, if a deed of surrender has failed on a technicality, will the position fall to the break notice as opposed to a potential surrender by operation of law on the same day?
If a deed of surrender fails on a technicality, but the parties act as if a surrender has taken place and so there is a surrender by operation of law, would this supersede a break notice that takes effect on the same date? Or, if a deed of surrender has failed on a technicality, will the position fall to the break notice as opposed to a potential surrender by operation of law on the same day?
Q&As

If a defendant tells the court that it is withdrawing its defence in full, a matter of a few days before the trial, what are the implications? Do issue estoppel and cause of action estoppel apply?
If a defendant tells the court that it is withdrawing its defence in full, a matter of a few days before the trial, what are the implications? Do issue estoppel and cause of action estoppel apply?
Q&As

If a freehold is owned by three individuals and one of them sells their share, would that be caught by the right of first refusal under the Landlord and Tenant Act 1987? If it is, can one of the tenants purchase that share or do all of the qualifying tenants have to be involved?
If a freehold is owned by three individuals and one of them sells their share, would that be caught by the right of first refusal under the Landlord and Tenant Act 1987? If it is, can one of the tenants purchase that share or do all of the qualifying tenants have to be involved?
Q&As

If a freehold owner is not named as the landlord in an assured tenancy or assured shorthold tenancy can they still obtain possession of their property by way of a section 8, ground 1 notice?
If a freehold owner is not named as the landlord in an assured tenancy or assured shorthold tenancy can they still obtain possession of their property by way of a section 8, ground 1 notice?
Q&As

If a freeholder insists on agreeing their recoverable costs under section 60 of the Leasehold Reform, Housing and Urban Development Act 1993 (LRHUDA 1993) before they will agree to a premium, will this preclude the leaseholder from making a post-completion application to the First-tier Tribunal under LRHUDA 1993, s 91(2)(d) to have those costs determined?
If a freeholder insists on agreeing their recoverable costs under section 60 of the Leasehold Reform, Housing and Urban Development Act 1993 (LRHUDA 1993) before they will agree to a premium, will this preclude the leaseholder from making a post-completion application to the First-tier Tribunal under LRHUDA 1993, s 91(2)(d) to have those costs determined?
Q&As

If a husband and wife live on a boat, which is not a house boat, is it possible for one spouse to apply for an occupation order in respect of the boat, and if an occupation order is not possible then is it possible to obtain an order preventing the other spouse from moving the boat from its current location?
If a husband and wife live on a boat, which is not a house boat, is it possible for one spouse to apply for an occupation order in respect of the boat, and if an occupation order is not possible then is it possible to obtain an order preventing the other spouse from moving the boat from its current location?
Q&As

If a husband has commenced divorce proceedings in Australia and the wife wishes to apply to the English court for financial provision in relation to property in the husband’s name in the UK can she issue proceedings immediately or only when the divorce proceedings in Australia have been concluded?
If a husband has commenced divorce proceedings in Australia and the wife wishes to apply to the English court for financial provision in relation to property in the husband’s name in the UK can she issue proceedings immediately or only when the divorce proceedings in Australia have been concluded?
Q&As

If a joint owner ('the former joint owner') transfers their interest to the other joint owner for no consideration, the remaining joint owner sells to a buyer within five years and the former joint owner becomes bankrupt, can the former joint owner's trustee disturb the transfer to the buyer or claim compensation/damages/payment from the buyer by reason of a transfer at an undervalue by the former joint owner?
If a joint owner ('the former joint owner') transfers their interest to the other joint owner for no consideration, the remaining joint owner sells to a buyer within five years and the former joint owner becomes bankrupt, can the former joint owner's trustee disturb the transfer to the buyer or claim compensation/damages/payment from the buyer by reason of a transfer at an undervalue by the former joint owner?
Q&As

If a landlord does not have a copy of the section 21 notice it has served, can the landlord obtain a possession order through accelerated or standard possession proceedings?
If a landlord does not have a copy of the section 21 notice it has served, can the landlord obtain a possession order through accelerated or standard possession proceedings?
Q&As

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