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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

In AHA 1986 tenancy of farmland, where the beneficial interest in the reversion is owned by two and acts by the tenant under the lease need consent of the landlord under the Act (such as improvements etc) is it sufficient for one landlord to consent or is consent of both required?
In AHA 1986 tenancy of farmland, where the beneficial interest in the reversion is owned by two and acts by the tenant under the lease need consent of the landlord under the Act (such as improvements etc) is it sufficient for one landlord to consent or is consent of both required?
Q&As

In an employer’s liability case, the defendant’s insurers stated that during an investigation after the claimant’s death, the insurer discovered that the defendant had provided non-disclosure and misrepresented material facts and therefore the insurers avoided the insurance policy for the time of the accident and the previous year. The defendant’s company is in voluntary liquidation. Is it possible for the insurers to get out of paying the claim in this way?
In an employer’s liability case, the defendant’s insurers stated that during an investigation after the claimant’s death, the insurer discovered that the defendant had provided non-disclosure and misrepresented material facts and therefore the insurers avoided the insurance policy for the time of the accident and the previous year. The defendant’s company is in voluntary liquidation. Is it possible for the insurers to get out of paying the claim in this way?
Q&As

In applying the reflective loss principle, can a shareholder bring a claim for diminution in the value of its shares where the company is dissolved and no longer capable of restoration or of pursuing the claim due to over six years having expired?
In applying the reflective loss principle, can a shareholder bring a claim for diminution in the value of its shares where the company is dissolved and no longer capable of restoration or of pursuing the claim due to over six years having expired?
Q&As

In care proceedings where the local authority’s final plan is for only private law orders to be made, is there still a need or requirement to agree a threshold document?
In care proceedings where the local authority’s final plan is for only private law orders to be made, is there still a need or requirement to agree a threshold document?
Q&As

In China Field Ltd v Appeal Tribunal (Buildings), the court criticised the rule that a tenant cannot acquire an easement by prescription against another tenant. Does the rule nevertheless remain good law? Does the rule against perpetuities affect this?
In China Field Ltd v Appeal Tribunal (Buildings), the court criticised the rule that a tenant cannot acquire an easement by prescription against another tenant. Does the rule nevertheless remain good law? Does the rule against perpetuities affect this?
Q&As

In circumstances where a financial remedy final hearing is cancelled on the morning of the hearing by the court, what is the procedure for recovering the party’s costs including barrister’s fees incurred as a result of the cancelled hearing?
In circumstances where a financial remedy final hearing is cancelled on the morning of the hearing by the court, what is the procedure for recovering the party’s costs including barrister’s fees incurred as a result of the cancelled hearing?
Q&As

In circumstances where a tenant cannot attend a Practical Completion inspection under an agreement for lease due to coronavirus (COVID-19) (ie the relevant inspector on behalf of the tenant cannot physically attend), is it reasonable for the landlord to issue the PC certificate without the tenant in attendance? The tenant's attendance in not compulsory under the Agreement for Lease but it is invited to attend and therefore by implication if it is able to make representations, it should have attended. Or are there any circumstances where it could challenge the issue of the PC certificate because it was prevented from attending due to coronavirus?
In circumstances where a tenant cannot attend a Practical Completion inspection under an agreement for lease due to coronavirus (COVID-19) (ie the relevant inspector on behalf of the tenant cannot physically attend), is it reasonable for the landlord to issue the PC certificate without the tenant in attendance? The tenant's attendance in not compulsory under the Agreement for Lease but it is invited to attend and therefore by implication if it is able to make representations, it should have attended. Or are there any circumstances where it could challenge the issue of the PC certificate because it was prevented from attending due to coronavirus?
Q&As

In circumstances where the landlord of an AST are two individuals—Landlord A and Landlord B, if Landlord B sells their interest to Landlord A, is there a requirement for Landlord A to serve a notice informing the tenants of a change of landlord (ie a change from the landlord being Landlords A and B jointly to Landlord A solely)?
In circumstances where the landlord of an AST are two individuals—Landlord A and Landlord B, if Landlord B sells their interest to Landlord A, is there a requirement for Landlord A to serve a notice informing the tenants of a change of landlord (ie a change from the landlord being Landlords A and B jointly to Landlord A solely)?
Q&As

In civil disputes, where no proceedings have been issued, is there an equivalent of a consent order that can be filed with the court to set out an agreement reached between parties?
In civil disputes, where no proceedings have been issued, is there an equivalent of a consent order that can be filed with the court to set out an agreement reached between parties?
Q&As

In civil proceedings what is the effect of a claimant who is diagnosed with severe dementia, and confirmed to lack the mental capacity to make her own decisions, on being able to produce and rely on her own witness evidence?
In civil proceedings what is the effect of a claimant who is diagnosed with severe dementia, and confirmed to lack the mental capacity to make her own decisions, on being able to produce and rely on her own witness evidence?
Q&As

In civil proceedings where defendants are minors, can the opposing party take witness statements from the minors without presence of a litigation friend or an appropriate adult?
In civil proceedings where defendants are minors, can the opposing party take witness statements from the minors without presence of a litigation friend or an appropriate adult?
Q&As

In collective enfranchisement, can an intermediate landlord increase the premium stated in the counter notice under section 21 of the Leasehold Reform, Housing and Urban Development Act 1993?
In collective enfranchisement, can an intermediate landlord increase the premium stated in the counter notice under section 21 of the Leasehold Reform, Housing and Urban Development Act 1993?
Q&As

In employment proceedings, where the parties have waived without prejudice privilege, is the without prejudice communication itself admissible, or just the fact that there was a without prejudice communication?
In employment proceedings, where the parties have waived without prejudice privilege, is the without prejudice communication itself admissible, or just the fact that there was a without prejudice communication?
Q&As

In Family Law Act 1996 (FLA 1996) proceedings where no children are involved, is permission required for a party to disclose a transcript of oral evidence, a witness statement or a written judgment (there are no reporting restriction etc on the face of the judgment) to the police?
In Family Law Act 1996 (FLA 1996) proceedings where no children are involved, is permission required for a party to disclose a transcript of oral evidence, a witness statement or a written judgment (there are no reporting restriction etc on the face of the judgment) to the police?
Q&As

In Family Law Act 1996 proceedings, findings of domestic abuse and an occupation order were made. What is the procedure to introduce those findings into private law proceedings under the Children Act 1989?
In Family Law Act 1996 proceedings, findings of domestic abuse and an occupation order were made. What is the procedure to introduce those findings into private law proceedings under the Children Act 1989?
Q&As

In family proceedings, where a court document needs to be translated for a non-English speaking party or witness, are there requirements as to who can provide a translation of the document? Does the translator need to be certified by the court or have achieved a recognised qualification to be able to translate a court document for these purposes? Or is it sufficient for the translator to simply affirm that they have provided an accurate translation?
In family proceedings, where a court document needs to be translated for a non-English speaking party or witness, are there requirements as to who can provide a translation of the document? Does the translator need to be certified by the court or have achieved a recognised qualification to be able to translate a court document for these purposes? Or is it sufficient for the translator to simply affirm that they have provided an accurate translation?
Q&As

In financial proceedings where no experts have been appointed by the court, if one party’s solicitor has provided detailed information and submissions to an expert without agreement from the other party, is that expert then able to act as a court appointed single joint expert?
In financial proceedings where no experts have been appointed by the court, if one party’s solicitor has provided detailed information and submissions to an expert without agreement from the other party, is that expert then able to act as a court appointed single joint expert?
Q&As

In financial proceedings, will the court accept an order where maintenance is expressed to be paid in a foreign currency rather than GBP?
In financial proceedings, will the court accept an order where maintenance is expressed to be paid in a foreign currency rather than GBP?
Q&As

In financial remedy proceedings where it is believed that the parties’ adult children may hold financial documentation, belonging to one parent but held on behalf of the other parent, how can the parent to whom the documentation belongs compel the children to disclose the information to them and the court?
In financial remedy proceedings where it is believed that the parties’ adult children may hold financial documentation, belonging to one parent but held on behalf of the other parent, how can the parent to whom the documentation belongs compel the children to disclose the information to them and the court?
Q&As

In financial remedy proceedings where the order made at the first appointment states that the respondent will pay the child’s school fees as they fall due and the respondent then fails to meet the payments, what steps should the applicant take to enforce the order? Does the applicant need to apply to add a penal notice to the order?
In financial remedy proceedings where the order made at the first appointment states that the respondent will pay the child’s school fees as they fall due and the respondent then fails to meet the payments, what steps should the applicant take to enforce the order? Does the applicant need to apply to add a penal notice to the order?
Q&As

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