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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, after the first year of an employment, an employee takes holiday before it has been accrued, can the employer pay the employee only in respect of the holiday that has accrued at that time (and pay the remaining holiday pay as it accrues)?
If, after the first year of an employment, an employee takes holiday before it has been accrued, can the employer pay the employee only in respect of the holiday that has accrued at that time (and pay the remaining holiday pay as it accrues)?
Q&As

In a case where there has been extreme violence against a party to a marriage including attempts to kill them, can that party commence divorce proceedings without giving notice of the proceedings to the violent partner and what can be done to protect the party in fear?
In a case where there has been extreme violence against a party to a marriage including attempts to kill them, can that party commence divorce proceedings without giving notice of the proceedings to the violent partner and what can be done to protect the party in fear?
Q&As

In a civil case, does the claimant have to agree to (and give permission for) the defendant obtaining a witness statement from a third party?
In a civil case, does the claimant have to agree to (and give permission for) the defendant obtaining a witness statement from a third party?
Q&As

In a claim against a company and guarantors, where there are different rates of interest the claimant is entitled to, and as such, damages, interest against the company, interest against the guarantors, and costs and pleaded, how should the value of the claim be calculated for the purposes of the claim form?
In a claim against a company and guarantors, where there are different rates of interest the claimant is entitled to, and as such, damages, interest against the company, interest against the guarantors, and costs and pleaded, how should the value of the claim be calculated for the purposes of the claim form?
Q&As

In a claim against an estate for monies owed under a child maintenance order representing unpaid maintenance payments going back more than six years, do the usual limitation periods apply or does the CSA or child maintenance service have any regulations relevant to this scenario?
In a claim against an estate for monies owed under a child maintenance order representing unpaid maintenance payments going back more than six years, do the usual limitation periods apply or does the CSA or child maintenance service have any regulations relevant to this scenario?
Q&As

In a claim under the Trusts of Land and Appointment of Trustees Act 1996 or Married Women's Property Act 1882, where the parties were engaged and the property was held in one party's sole name, if the other party carried out substantial works to the property, how can those works be valued in respect of their claim for a beneficial interest?
In a claim under the Trusts of Land and Appointment of Trustees Act 1996 or Married Women's Property Act 1882, where the parties were engaged and the property was held in one party's sole name, if the other party carried out substantial works to the property, how can those works be valued in respect of their claim for a beneficial interest?
Q&As

In a contractual option, allowing one party to require the other to take a transfer of land, is it possible to waive compliance with conditions (which, if satisfied by a certain date, would mean that the option was not exercisable)? Can such a waiver occur by implication (rather than formally) or by estoppel?
In a contractual option, allowing one party to require the other to take a transfer of land, is it possible to waive compliance with conditions (which, if satisfied by a certain date, would mean that the option was not exercisable)? Can such a waiver occur by implication (rather than formally) or by estoppel?
Q&As

In a financial remedy consent order, can the court order one party to pay a share of future bonuses to the other party or should it be drafted as an undertaking to pay?
In a financial remedy consent order, can the court order one party to pay a share of future bonuses to the other party or should it be drafted as an undertaking to pay?
Q&As

In a Landlord and Tenant Act 1954 protected commercial lease, where the lease contains a break clause which does not require the tenant to give vacant possession as a condition precedent to operating the break clause, if the tenant serves a break notice and then does not vacate on the given date, what is the position?
In a Landlord and Tenant Act 1954 protected commercial lease, where the lease contains a break clause which does not require the tenant to give vacant possession as a condition precedent to operating the break clause, if the tenant serves a break notice and then does not vacate on the given date, what is the position?
Q&As

In a lease extension matter it is believed that the landlord’s solicitors did not have authority from their client to sign the section 45 counter-notice under the Leasehold Reform, Housing and Urban Development Act 1993 which was served and therefore believed to be invalid. The landlord’s solicitors have confirmed that they were given such authority from the landlord to sign the counter-notice however they have refused to provide evidence of this upon request. Is there any way to compel the landlord’s solicitors to provide evidence of the authority?
In a lease extension matter it is believed that the landlord’s solicitors did not have authority from their client to sign the section 45 counter-notice under the Leasehold Reform, Housing and Urban Development Act 1993 which was served and therefore believed to be invalid. The landlord’s solicitors have confirmed that they were given such authority from the landlord to sign the counter-notice however they have refused to provide evidence of this upon request. Is there any way to compel the landlord’s solicitors to provide evidence of the authority?
Q&As

In a lease granted by a local authority to a registered provider, if there are no conditions requiring an assignment to be to another registered provider only (ie the lease can be assigned to any suitable party), is there anything in statute that can be relied upon to refuse consent to an assignment to any party that is not a registered provider of affordable housing? There is a condition in the underletting covenant to state that this must be on affordable rent terms but no such condition on assignments.
In a lease granted by a local authority to a registered provider, if there are no conditions requiring an assignment to be to another registered provider only (ie the lease can be assigned to any suitable party), is there anything in statute that can be relied upon to refuse consent to an assignment to any party that is not a registered provider of affordable housing? There is a condition in the underletting covenant to state that this must be on affordable rent terms but no such condition on assignments.
Q&As

In a lease of 207 car parking spaces, there is no restriction on the ability to sublet the whole or part. Service charge under the lease is split with the tenant being obliged to pay a proportion of some services and 40/207 of this for others. The tenant has assigned individual spaces to buyers of flats in a nearby block. Who is liable for the service charge (tenant and/or assignee?) and for what proportion?
In a lease of 207 car parking spaces, there is no restriction on the ability to sublet the whole or part. Service charge under the lease is split with the tenant being obliged to pay a proportion of some services and 40/207 of this for others. The tenant has assigned individual spaces to buyers of flats in a nearby block. Who is liable for the service charge (tenant and/or assignee?) and for what proportion?
Q&As

In a lease or an agreement for lease, where the landlord comprises two or more corporate trustees, is it appropriate for the corporate trustees to include clauses limiting the liability of the trustees to the assets of the trust? What should a tenant consider in relation to such a clause?
In a lease or an agreement for lease, where the landlord comprises two or more corporate trustees, is it appropriate for the corporate trustees to include clauses limiting the liability of the trustees to the assets of the trust? What should a tenant consider in relation to such a clause?
Q&As

In a lease, a tenant covenants not to make any alterations to the demised premises without the landlord’s consent not to be unreasonably withheld. The demise of the property does not include the structural walls of the building. The tenant seeks to remove part of a structural wall and the landlord is in agreement. Is it simply a question of the landlord consenting to that work through a licence (and possibly a supplemental lease to reflect the small amount of additional land)? If the lease makes no reference to the tenant’s right to do such work, would the other tenants be entitled to request the landlord refuses consent as per the recent judgment in Duval v 11-13 Rudolph Crescent Ltd?
In a lease, a tenant covenants not to make any alterations to the demised premises without the landlord’s consent not to be unreasonably withheld. The demise of the property does not include the structural walls of the building. The tenant seeks to remove part of a structural wall and the landlord is in agreement. Is it simply a question of the landlord consenting to that work through a licence (and possibly a supplemental lease to reflect the small amount of additional land)? If the lease makes no reference to the tenant’s right to do such work, would the other tenants be entitled to request the landlord refuses consent as per the recent judgment in Duval v 11-13 Rudolph Crescent Ltd?
Q&As

In a mixed use building comprising a shop and two flats let on long leases, does the commercial tenant have the protection of the consultation procedure under section 20 of the Landlord and Tenant Act 1985?
In a mixed use building comprising a shop and two flats let on long leases, does the commercial tenant have the protection of the consultation procedure under section 20 of the Landlord and Tenant Act 1985?
Q&As

In a periodic business lease where there is no written lease but annual rent is paid quarterly, what notice must the tenant give to terminate?
In a periodic business lease where there is no written lease but annual rent is paid quarterly, what notice must the tenant give to terminate?
Q&As

In a private law children case would the evidence of a private investigator as to the amount of time that the father is spending with a child be admissible in court and would an application be required?
In a private law children case would the evidence of a private investigator as to the amount of time that the father is spending with a child be admissible in court and would an application be required?
Q&As

In a situation where some trustees of a charitable unincorporated association contract with third parties ‘for and on behalf of all the trustees’ would this render all the trustees personally liable or only those that sign the contract? If the other trustees expressly or implicitly ratify the signing of the contract in advance or subsequently would this alter liability?
In a situation where some trustees of a charitable unincorporated association contract with third parties ‘for and on behalf of all the trustees’ would this render all the trustees personally liable or only those that sign the contract? If the other trustees expressly or implicitly ratify the signing of the contract in advance or subsequently would this alter liability?
Q&As

In a situation where there is a biological parent and a step-parent with parental responsibility (PR), can children's social care make decisions based on the view of one parent, when the one with PR opposes/disagrees with the decision?
In a situation where there is a biological parent and a step-parent with parental responsibility (PR), can children's social care make decisions based on the view of one parent, when the one with PR opposes/disagrees with the decision?
Q&As

In a title covenant, the Church commissioners covenanted with the original purchaser that if the property is developed, the Church will indemnify the original purchaser and successors in title against any claims made by adjoining owners for lack of support or damp. There is no cap on liability or the time period for which it was to apply. If the current owner demolishes and rebuilds the property and such claims are made, can the current owner enforce the indemnity against the Church commissioners?
In a title covenant, the Church commissioners covenanted with the original purchaser that if the property is developed, the Church will indemnify the original purchaser and successors in title against any claims made by adjoining owners for lack of support or damp. There is no cap on liability or the time period for which it was to apply. If the current owner demolishes and rebuilds the property and such claims are made, can the current owner enforce the indemnity against the Church commissioners?
Q&As

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