LEXISNEXIS_ICON4_SIGNIN Contact us
Contact us

4 King’s Bench Walk

Experts

3

Filter by: Practice area
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 council lent money secured by a mortgage to a borrower in 1992. The borrower died in 1995 and the borrower’s wife died in 2019. The borrower’s daughter remains in possession. How can the council recover the debt—by selling the property or by proceedings for possession?
A council lent money secured by a mortgage to a borrower in 1992. The borrower died in 1995 and the borrower’s wife died in 2019. The borrower’s daughter remains in possession. How can the council recover the debt—by selling the property or by proceedings for possession?
Q&As

A Council owns registered land which is earmarked for future housing development. The occupier of the adjacent property, which is held under a secure tenancy from the Council, claims to have rights over the land as the result of various activities (including storage of chattels). The Council is keen to avoid a potential claim of adverse possession. Are there any steps that a landlord can take to warn off its own secure tenant even though the site sits outside the secure tenancy and even though no notice of a claim for adverse possession has been received?
A Council owns registered land which is earmarked for future housing development. The occupier of the adjacent property, which is held under a secure tenancy from the Council, claims to have rights over the land as the result of various activities (including storage of chattels). The Council is keen to avoid a potential claim of adverse possession. Are there any steps that a landlord can take to warn off its own secure tenant even though the site sits outside the secure tenancy and even though no notice of a claim for adverse possession has been received?
Q&As

A couple are unmarried and the family home is one party’s sole name and on the market for sale. The other party has the child of the family living with them and wishes to claim a beneficial interest in the property. Does that application have to be made before the property is sold or can they claim a beneficial interest in any new property purchased with the sale proceeds? Is there any means of protecting the non-owning party’s claim at the Land Registry and preventing the sale from completing until their claim has been considered? Proceedings have not yet been issued.
A couple are unmarried and the family home is one party’s sole name and on the market for sale. The other party has the child of the family living with them and wishes to claim a beneficial interest in the property. Does that application have to be made before the property is sold or can they claim a beneficial interest in any new property purchased with the sale proceeds? Is there any means of protecting the non-owning party’s claim at the Land Registry and preventing the sale from completing until their claim has been considered? Proceedings have not yet been issued.
Q&As

A couple entered into a civil partnership in England and Wales, and subsequently married in New York (prior to the coming into force of the Marriage (Same Sex Couples) Act 2013. The marriage was not registered in England and Wales. They are now separating. Does the civil partnership need to be converted to a marriage for the parties to get divorced?
A couple entered into a civil partnership in England and Wales, and subsequently married in New York (prior to the coming into force of the Marriage (Same Sex Couples) Act 2013. The marriage was not registered in England and Wales. They are now separating. Does the civil partnership need to be converted to a marriage for the parties to get divorced?
Q&As

A couple were married in a legally registered ceremony in America and then several years later underwent a separate civil marriage ceremony in London. There are two marriage certificates. The parties now wish to divorce. What should be done about the fact that there was a second marriage between the same parties without the first having been dissolved?
A couple were married in a legally registered ceremony in America and then several years later underwent a separate civil marriage ceremony in London. There are two marriage certificates. The parties now wish to divorce. What should be done about the fact that there was a second marriage between the same parties without the first having been dissolved?
Q&As

A debenture has been filed and accepted on the charges register at Companies House. In the party particulars of the debenture, it refers to the old registered office for the company against whom the charge is registered. At the time the document was signed and dated, the registered office had changed. Does this pose a problem for enforcement of the charge should that need to occur?
A debenture has been filed and accepted on the charges register at Companies House. In the party particulars of the debenture, it refers to the old registered office for the company against whom the charge is registered. At the time the document was signed and dated, the registered office had changed. Does this pose a problem for enforcement of the charge should that need to occur?
Q&As

A deceased individual owned agricultural land in their sole name, which was used for sheep and cattle farming as a sole trader. The deceased was also a partner in a partnership with their spouse, which operated a poultry farming business. The business did not own any land, but its assets included a poultry house situated on part of the agricultural land. The majority of the land was used for the deceased’s sole trader sheep and cattle farming business. There was no formal agreement for the use of the land by the poultry house. Can agricultural property relief be claimed on all the land (including the land with the poultry house) and business property relief on the partnership (including the poultry house)?
A deceased individual owned agricultural land in their sole name, which was used for sheep and cattle farming as a sole trader. The deceased was also a partner in a partnership with their spouse, which operated a poultry farming business. The business did not own any land, but its assets included a poultry house situated on part of the agricultural land. The majority of the land was used for the deceased’s sole trader sheep and cattle farming business. There was no formal agreement for the use of the land by the poultry house. Can agricultural property relief be claimed on all the land (including the land with the poultry house) and business property relief on the partnership (including the poultry house)?
Q&As

A Declaration of Trust creates a tenancy in common whereby the sole legal owner confirms she holds the beneficial title to a property on trust for herself and a contributor as tenants in common. How should the Declaration of Trust be registered at HM Land Registry, and with which form?
A Declaration of Trust creates a tenancy in common whereby the sole legal owner confirms she holds the beneficial title to a property on trust for herself and a contributor as tenants in common. How should the Declaration of Trust be registered at HM Land Registry, and with which form?
Q&As

A deed of variation not for value is being completed in respect of a registered lease. It is not possible as a result to carry out a official search with priority (section 72 of the Land Registration Act 2002 and the Land Registration Rules 2003, SI 2003/1417, r 131). What other pre-completion searches may be carried out (if any) to reveal any entries on the registered title which may affect the deed of variation?
A deed of variation not for value is being completed in respect of a registered lease. It is not possible as a result to carry out a official search with priority (section 72 of the Land Registration Act 2002 and the Land Registration Rules 2003, SI 2003/1417, r 131). What other pre-completion searches may be carried out (if any) to reveal any entries on the registered title which may affect the deed of variation?
Q&As

A deposit was paid in connection with an AST by a third party on behalf of the tenant (who was also the guarantor). The deposit was not protected by the landlord as required. The tenant is threatening to pursue a claim for compensation pursuant to section 214 of the Housing Act 2004 (HA 2004). HA 2004 refers to the application being made by ‘the tenant or any relevant person (as defined by HA 2004, s 213(1))’, which would include the third party. However, does the tenant have standing to pursue a claim when the deposit was in fact paid by a ‘relevant person’ or does the third party have to apply?
A deposit was paid in connection with an AST by a third party on behalf of the tenant (who was also the guarantor). The deposit was not protected by the landlord as required. The tenant is threatening to pursue a claim for compensation pursuant to section 214 of the Housing Act 2004 (HA 2004). HA 2004 refers to the application being made by ‘the tenant or any relevant person (as defined by HA 2004, s 213(1))’, which would include the third party. However, does the tenant have standing to pursue a claim when the deposit was in fact paid by a ‘relevant person’ or does the third party have to apply?
Q&As

A development site is made up of two parts—one larger part where the main development (for example a block of flats) will take place and a second smaller adjoining piece of land where a single garage will be built. The larger piece of land is owned by the developer and the smaller piece of land is owned by a third party. If the developer accepts responsibility for the Community Infrastructure Levy (CIL) liability for the whole development, what would happen if the developer became insolvent and had not paid the CIL liability? Is there a risk that the third party could become liable for the whole of the CIL liability on the developer's insolvency?
A development site is made up of two parts—one larger part where the main development (for example a block of flats) will take place and a second smaller adjoining piece of land where a single garage will be built. The larger piece of land is owned by the developer and the smaller piece of land is owned by a third party. If the developer accepts responsibility for the Community Infrastructure Levy (CIL) liability for the whole development, what would happen if the developer became insolvent and had not paid the CIL liability? Is there a risk that the third party could become liable for the whole of the CIL liability on the developer's insolvency?
Q&As

A father has parental responsibility and is currently involved in proceedings under the Children Act 1989. He cannot obtain copies of his child's medical records or school reports. Can he make an application for that information to be disclosed? If so, what application form should be used?
A father has parental responsibility and is currently involved in proceedings under the Children Act 1989. He cannot obtain copies of his child's medical records or school reports. Can he make an application for that information to be disclosed? If so, what application form should be used?
Q&As

A father has parental responsibility for a child who is age 16 (nearly 17), as he is named on the birth certificate. The father has no involvement with the child. The child wishes to change their surname, but the father will not consent. Can the change of name deed be executed by the mother alone, with the child's consent endorsed on the deed?
A father has parental responsibility for a child who is age 16 (nearly 17), as he is named on the birth certificate. The father has no involvement with the child. The child wishes to change their surname, but the father will not consent. Can the change of name deed be executed by the mother alone, with the child's consent endorsed on the deed?
Q&As

A father has signed a declaration of parentage, and there is no dispute as to paternity, in relation to a child where he was not married to the mother and has not met the child. The mother is the child’s carer and has made a claim under Schedule 1 to the Children Act 1989. If the mother were to die, could another person make a claim under Sch 1? If a guardian is appointed by the mother, will they have parental responsibility and assume the care of the child in the event of the mother’s death, or will care fall with the father if still living?
A father has signed a declaration of parentage, and there is no dispute as to paternity, in relation to a child where he was not married to the mother and has not met the child. The mother is the child’s carer and has made a claim under Schedule 1 to the Children Act 1989. If the mother were to die, could another person make a claim under Sch 1? If a guardian is appointed by the mother, will they have parental responsibility and assume the care of the child in the event of the mother’s death, or will care fall with the father if still living?
Q&As

A father seeks a prohibited steps order in respect of a child currently living in England to prevent the child being removed from England to Ukraine. The father is English and lives in England and the mother is Ukrainian living temporarily in England with a host family. Does the court in England and Wales have jurisdiction to hear the application?
A father seeks a prohibited steps order in respect of a child currently living in England to prevent the child being removed from England to Ukraine. The father is English and lives in England and the mother is Ukrainian living temporarily in England with a host family. Does the court in England and Wales have jurisdiction to hear the application?
Q&As

A father, who has parental responsibility for the child, is subject to a non-molestation order and is concerned that further untrue allegations may be made against him and has started recording hand overs of the child at contact sessions to protect himself. The mother does not consent to either her or the child being filmed and has reported the father to the police. Is the father able to record handovers in this way?
A father, who has parental responsibility for the child, is subject to a non-molestation order and is concerned that further untrue allegations may be made against him and has started recording hand overs of the child at contact sessions to protect himself. The mother does not consent to either her or the child being filmed and has reported the father to the police. Is the father able to record handovers in this way?
Q&As

A final charging order is obtained against the beneficial interest of a debtor in a property (which they jointly own with a third party). A Form K restriction is entered. If the joint owners sell the property, and the charging order is overreached, will the charge attach to the proceeds of sale? I.e. would the beneficiary of the charge be in any better position to recovering those proceeds of sale than say any other unsecured creditor?
A final charging order is obtained against the beneficial interest of a debtor in a property (which they jointly own with a third party). A Form K restriction is entered. If the joint owners sell the property, and the charging order is overreached, will the charge attach to the proceeds of sale? I.e. would the beneficiary of the charge be in any better position to recovering those proceeds of sale than say any other unsecured creditor?
Q&As

A final decree of nullity has been granted in respect of a bigamous marriage where one party knew that they were already married and the other party did not. The party without knowledge of the bigamy has made an application for financial orders. In such circumstances, would the Rampal v Rampal (No 2) and Whiston v Whiston line of authorities preclude the respondent from benefiting as a result of the applicant's financial application?
A final decree of nullity has been granted in respect of a bigamous marriage where one party knew that they were already married and the other party did not. The party without knowledge of the bigamy has made an application for financial orders. In such circumstances, would the Rampal v Rampal (No 2) and Whiston v Whiston line of authorities preclude the respondent from benefiting as a result of the applicant's financial application?
Q&As

A financial consent order has been made that provides for the former matrimonial home to be transferred to one spouse on the basis that they obtain the release of the other spouse from the mortgage and for a lump sum to be paid to the transferring spouse. A short time after the order was made, the spouse to whom the property was to be transferred has indicated that they are unable to secure the mortgage release and that they wish the property to be sold. If an order for sale is made, can an additional lump sum be made in favour of the transferring spouse to cover their additional costs and any capital gains tax liability?
A financial consent order has been made that provides for the former matrimonial home to be transferred to one spouse on the basis that they obtain the release of the other spouse from the mortgage and for a lump sum to be paid to the transferring spouse. A short time after the order was made, the spouse to whom the property was to be transferred has indicated that they are unable to secure the mortgage release and that they wish the property to be sold. If an order for sale is made, can an additional lump sum be made in favour of the transferring spouse to cover their additional costs and any capital gains tax liability?
Q&As

A financial consent order provided for a jointly owned property to be sold on the parties’ child reaching a specified age and for the proceeds of sale to be divided between the parties. If one of the parties dies shortly after the triggering event, is that party’s estate entitled to their share of the proceeds of sale under the order?
A financial consent order provided for a jointly owned property to be sold on the parties’ child reaching a specified age and for the proceeds of sale to be divided between the parties. If one of the parties dies shortly after the triggering event, is that party’s estate entitled to their share of the proceeds of sale under the order?
Q&As

First 3 4 5 6 7 8 Last

If you expected to see yourself on this page, click here.