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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 financial remedy proceedings, a family member who is not a party to the proceedings has a potential beneficial interest. Can an interim order made in the proceedings be disclosed to that person without the permission of the court?
In financial remedy proceedings, a family member who is not a party to the proceedings has a potential beneficial interest. Can an interim order made in the proceedings be disclosed to that person without the permission of the court?
Q&As

In financial remedy proceedings, can a litigant in person exhibit to a section 25 statement a number of documents from other sets of proceedings the parties are engaged in (eg a Cafcass report, child arrangements order and a transcript of the hearing in Family Law Act proceedings)? Do the Family Procedure Rules 2010 make provision for this, and is the leave of the court required to exhibit these documents?
In financial remedy proceedings, can a litigant in person exhibit to a section 25 statement a number of documents from other sets of proceedings the parties are engaged in (eg a Cafcass report, child arrangements order and a transcript of the hearing in Family Law Act proceedings)? Do the Family Procedure Rules 2010 make provision for this, and is the leave of the court required to exhibit these documents?
Q&As

In financial remedy proceedings, how may video evidence be submitted to the court and is the permission of the court required to do so?
In financial remedy proceedings, how may video evidence be submitted to the court and is the permission of the court required to do so?
Q&As

In financial remedy proceedings, is it necessary for both parties to file form A if each are applying for financial relief or can one party rely on the form A of the other party to request the court to make an order in their favour even if it is one that is not sought by the other party?
In financial remedy proceedings, is it necessary for both parties to file form A if each are applying for financial relief or can one party rely on the form A of the other party to request the court to make an order in their favour even if it is one that is not sought by the other party?
Q&As

In financial remedy proceedings, should the consent order record the address of all the properties owned by the parties? Can the court order the transfer of a private tenancy from one party to another (eg the wife to be the landlord in place of the husband as landlord)? Can the court order one party to discharge a mortgage and procure the release of the other party from any liability under the mortgage?
In financial remedy proceedings, should the consent order record the address of all the properties owned by the parties? Can the court order the transfer of a private tenancy from one party to another (eg the wife to be the landlord in place of the husband as landlord)? Can the court order one party to discharge a mortgage and procure the release of the other party from any liability under the mortgage?
Q&As

In houses in multiple occupation, who has the obligation in relation to health and safety legislation—the immediate or the superior landlord? Can this responsibility be passed on to the tenants? Can the landlord or superior landlord contract out of their health and safety obligations? Is there any authority on this?
In houses in multiple occupation, who has the obligation in relation to health and safety legislation—the immediate or the superior landlord? Can this responsibility be passed on to the tenants? Can the landlord or superior landlord contract out of their health and safety obligations? Is there any authority on this?
Q&As

In housing disrepair cases, what is the financial limit for claims, and does proportionality apply? If the landlord has issued a letter of claim and subsequently carried out the works to rectify the damage, are costs recoverable up to the point of the letter of claim, even though proceedings have not been issued?
In housing disrepair cases, what is the financial limit for claims, and does proportionality apply? If the landlord has issued a letter of claim and subsequently carried out the works to rectify the damage, are costs recoverable up to the point of the letter of claim, even though proceedings have not been issued?
Q&As

In light of coronavirus (COVID-19), when a client has just returned from Italy and thus witnessing security documentation in person is not possible for at least 10 days, would being present via Skype be sufficient for confirming the presence at deed signing? Are there any other procedures in place?
In light of coronavirus (COVID-19), when a client has just returned from Italy and thus witnessing security documentation in person is not possible for at least 10 days, would being present via Skype be sufficient for confirming the presence at deed signing? Are there any other procedures in place?
Q&As

In light of Regulation (EU) No 650/2012 (Brussels IV), is it possible for X, who owns property in both the UK and France, to make one universal Will but with the following features and aims: the Will contains a declaration that English law is to govern the Will; two separate executors, A and B, are appointed under the Will; A will administer UK situs property and B will administer only French situs property? B is the intended beneficiary of the French property and it is intended that English law govern the succession to the whole of X’s estate, including the French property.
In light of Regulation (EU) No 650/2012 (Brussels IV), is it possible for X, who owns property in both the UK and France, to make one universal Will but with the following features and aims: the Will contains a declaration that English law is to govern the Will; two separate executors, A and B, are appointed under the Will; A will administer UK situs property and B will administer only French situs property? B is the intended beneficiary of the French property and it is intended that English law govern the succession to the whole of X’s estate, including the French property.
Q&As

In order to remove caution title and land charges entries, where there is no copy of the option agreement referred to in the caution title, aside from a form CCT, is there anything to be done to remove the caution against first registration and the corresponding land charges entries?
In order to remove caution title and land charges entries, where there is no copy of the option agreement referred to in the caution title, aside from a form CCT, is there anything to be done to remove the caution against first registration and the corresponding land charges entries?
Q&As

In principle, can the tenant of a holiday chalet acquire the freehold under Leasehold Reform Act 1967? In this case, the lease contains a covenant restricting occupation to eight months of the year.
In principle, can the tenant of a holiday chalet acquire the freehold under Leasehold Reform Act 1967? In this case, the lease contains a covenant restricting occupation to eight months of the year.
Q&As

In private children proceedings where one party has failed to file a statement pursuant to a directions order, can an application be made for the directions order to be endorsed with a penal notice? If so, is the application made following the procedure under Part 18 of the Family Procedure Rules 2010 on a Form C2?
In private children proceedings where one party has failed to file a statement pursuant to a directions order, can an application be made for the directions order to be endorsed with a penal notice? If so, is the application made following the procedure under Part 18 of the Family Procedure Rules 2010 on a Form C2?
Q&As

In private children proceedings, a report under section 37 of the Children Act 1989 is to be sought, however, one of the parents has made a successful complaint against the local authority (LA) in question, perceives bias and does not wish that the LA prepare the report. Can the report be prepared by someone other than the LA, for example the Children and Family Court Advisory and Support Service, an independent social worker or another LA?
In private children proceedings, a report under section 37 of the Children Act 1989 is to be sought, however, one of the parents has made a successful complaint against the local authority (LA) in question, perceives bias and does not wish that the LA prepare the report. Can the report be prepared by someone other than the LA, for example the Children and Family Court Advisory and Support Service, an independent social worker or another LA?
Q&As

In private children proceedings, can the court make findings of fact in relation to allegations said to have occurred outside the UK?
In private children proceedings, can the court make findings of fact in relation to allegations said to have occurred outside the UK?
Q&As

In private children proceedings, would a covert recording of the respondent, which shows them being aggressive and verbally abusive to the applicant, be allowed as evidence in a fact-finding hearing? If so, would it be necessary to make an application under the Family Procedure Rules 2010, SI 2010/2955, Pt 18 to request that the evidence be submitted where the applicant’s statement has already been filed?
In private children proceedings, would a covert recording of the respondent, which shows them being aggressive and verbally abusive to the applicant, be allowed as evidence in a fact-finding hearing? If so, would it be necessary to make an application under the Family Procedure Rules 2010, SI 2010/2955, Pt 18 to request that the evidence be submitted where the applicant’s statement has already been filed?
Q&As

In private law Children Act 1989 (ChA 1989) proceedings, a ChA 1989, s 7 report was filed by Cafcass. At the first hearing dispute resolution appointment, one party did not agree with the section 7 report recommendations and requested the listing of a final contested hearing. The judge refused the request and made a final child arrangements order under ChA 1989, s 8. On what basis can a judge refuse to list a final hearing?
In private law Children Act 1989 (ChA 1989) proceedings, a ChA 1989, s 7 report was filed by Cafcass. At the first hearing dispute resolution appointment, one party did not agree with the section 7 report recommendations and requested the listing of a final contested hearing. The judge refused the request and made a final child arrangements order under ChA 1989, s 8. On what basis can a judge refuse to list a final hearing?
Q&As

In private law children proceedings under section 8 of the Children Act 1989, if a party is thought to lack capacity to litigate, is there guidance as to how the court would determine the issue of whether to appoint a litigation friend if that party refuses to comply with expert assessment?
In private law children proceedings under section 8 of the Children Act 1989, if a party is thought to lack capacity to litigate, is there guidance as to how the court would determine the issue of whether to appoint a litigation friend if that party refuses to comply with expert assessment?
Q&As

In private law children proceedings under the Children Act 1989, where the whereabouts of the respondent is unknown to the applicant, can social services be ordered to serve the respondent?
In private law children proceedings under the Children Act 1989, where the whereabouts of the respondent is unknown to the applicant, can social services be ordered to serve the respondent?
Q&As

In private law children proceedings what application should be made by a guardian where a mother is refusing to allow the guardian and her solicitor permission to see the children?
In private law children proceedings what application should be made by a guardian where a mother is refusing to allow the guardian and her solicitor permission to see the children?
Q&As

In private law children proceedings, does the court have power to order a parent to undertake hair strand testing?
In private law children proceedings, does the court have power to order a parent to undertake hair strand testing?
Q&As

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