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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 proceedings for a child arrangements order, are there costs consequences if a party appeals an order following a fact-finding hearing? Do the usual considerations as to costs in children proceedings apply to such an appeal?
In proceedings for a child arrangements order, are there costs consequences if a party appeals an order following a fact-finding hearing? Do the usual considerations as to costs in children proceedings apply to such an appeal?
Q&As

In proceedings for a child arrangements order, where statements have already been filed, one of the parties has now indicated that they wish to disclose documentation belonging to the other party such as medical records, bank statements and documents relating to their previous employment. As the Imerman rule does not apply since these are private law children proceedings, what rules or principles do apply in these circumstances?
In proceedings for a child arrangements order, where statements have already been filed, one of the parties has now indicated that they wish to disclose documentation belonging to the other party such as medical records, bank statements and documents relating to their previous employment. As the Imerman rule does not apply since these are private law children proceedings, what rules or principles do apply in these circumstances?
Q&As

In proceedings under Part IV of the Family Law Act 1996 where a non-molestation order has been made, the respondent has threatened the solicitor representing the applicant. What redress or sanctions are available? If an application is required, would that be made within the existing proceedings or in separate proceedings?
In proceedings under Part IV of the Family Law Act 1996 where a non-molestation order has been made, the respondent has threatened the solicitor representing the applicant. What redress or sanctions are available? If an application is required, would that be made within the existing proceedings or in separate proceedings?
Q&As

In proceedings under the Children Act 1989 (ChA 1989) can a Form C1A (Allegations of harm and domestic violence (supplemental information form)) be filed after an application in Form C100 for an order under ChA 1989, s 8 has been issued? If the Form C1A is filed late, and the respondent does not respond to it, can the court draw inferences from that lack of response?
In proceedings under the Children Act 1989 (ChA 1989) can a Form C1A (Allegations of harm and domestic violence (supplemental information form)) be filed after an application in Form C100 for an order under ChA 1989, s 8 has been issued? If the Form C1A is filed late, and the respondent does not respond to it, can the court draw inferences from that lack of response?
Q&As

In proceedings under the Children Act 1989, contact is being supervised due to the father’s behavior but he says he is unable to pay for the cost of the professional supervisor. Does the court have jurisdiction to order a party to pay the cost of a professional contact supervisor in such proceedings?
In proceedings under the Children Act 1989, contact is being supervised due to the father’s behavior but he says he is unable to pay for the cost of the professional supervisor. Does the court have jurisdiction to order a party to pay the cost of a professional contact supervisor in such proceedings?
Q&As

In proceedings under the Family Law Act 1996 (FLA 1996), findings were made that could affect a party's capacity to continue their professional career. Does that party have a duty to self-report the findings? Is evidence given in FLA 1996 proceedings confidential and if the other party disclosed a copy of the order with the findings to the relevant professional body, what would be the consequences for the disclosing party?
In proceedings under the Family Law Act 1996 (FLA 1996), findings were made that could affect a party's capacity to continue their professional career. Does that party have a duty to self-report the findings? Is evidence given in FLA 1996 proceedings confidential and if the other party disclosed a copy of the order with the findings to the relevant professional body, what would be the consequences for the disclosing party?
Q&As

In proceedings under the Trusts of Land and Appointment of Trustees Act 1996, can you make an application for dismissal purposes only and if so, what is the procedure?
In proceedings under the Trusts of Land and Appointment of Trustees Act 1996, can you make an application for dismissal purposes only and if so, what is the procedure?
Q&As

In property sale contracts, is it possible to exclude liability for inadvertent misrepresentation in replies to enquires before contract?
In property sale contracts, is it possible to exclude liability for inadvertent misrepresentation in replies to enquires before contract?
Q&As

In relation to a compulsory purchase order for a highway scheme: where a long leaseholder is listed as a qualifying interest within table 2 of the order, what compensation claim can they make as tenant whose rights to non-exclusive car parking and accessway into a retail park are being affected (but its actual demise is not)? Should the freeholder landlord make a compensation claim for both itself and its tenants for all land being acquired under the CPO? How should the landlord deal with the affected leases following confirmation of the order (ie should they be varied to reflect the new position post CPO)? Would a tenant have the right to surrender their lease with no penalties under the Landlord and Tenant Act 1954 in the event the highway works affected their business in future?
In relation to a compulsory purchase order for a highway scheme: where a long leaseholder is listed as a qualifying interest within table 2 of the order, what compensation claim can they make as tenant whose rights to non-exclusive car parking and accessway into a retail park are being affected (but its actual demise is not)? Should the freeholder landlord make a compensation claim for both itself and its tenants for all land being acquired under the CPO? How should the landlord deal with the affected leases following confirmation of the order (ie should they be varied to reflect the new position post CPO)? Would a tenant have the right to surrender their lease with no penalties under the Landlord and Tenant Act 1954 in the event the highway works affected their business in future?
Q&As

In relation to an insolvent estate, where there are no secured creditors, what is the general order of payment of debts; what are preferential debts and what are ordinary debts? To what extent will the debts abate according to value? Also, how do I pay the creditors if the estate is insolvent?
In relation to an insolvent estate, where there are no secured creditors, what is the general order of payment of debts; what are preferential debts and what are ordinary debts? To what extent will the debts abate according to value? Also, how do I pay the creditors if the estate is insolvent?
Q&As

In relation to equitable accounting/a claim for an occupation rent, where the amount of occupation rent would be greater than the total mortgage payments, can the occupation rent only be set off against the interest portion of the mortgage payments?
In relation to equitable accounting/a claim for an occupation rent, where the amount of occupation rent would be greater than the total mortgage payments, can the occupation rent only be set off against the interest portion of the mortgage payments?
Q&As

In relation to paragraph 3 of Schedule 6 to the Housing Act 1985, does the wording 'as the tenant may require' mean that the landlord only needs to include such provisions if the tenant asks for them or that the landlord has an obligation to include them whether the tenant asks for them or not?
In relation to paragraph 3 of Schedule 6 to the Housing Act 1985, does the wording 'as the tenant may require' mean that the landlord only needs to include such provisions if the tenant asks for them or that the landlord has an obligation to include them whether the tenant asks for them or not?
Q&As

In relation to private law children proceedings where directions are due to be given for a fact-finding hearing, where a photograph has been filed as part of the respondent mother's statement to illustrate domestic abuse but without evidence as to how the picture was taken, no original copy of the photograph being provided and no time or date as to when the photograph was taken, to what extent can the father have this removed?
In relation to private law children proceedings where directions are due to be given for a fact-finding hearing, where a photograph has been filed as part of the respondent mother's statement to illustrate domestic abuse but without evidence as to how the picture was taken, no original copy of the photograph being provided and no time or date as to when the photograph was taken, to what extent can the father have this removed?
Q&As

In relation to private law proceedings, where directions have been given for a finding of fact hearing in relation to allegations of domestic abuse and the victim has filed their schedule and supporting evidence, but the alleged abuser then seeks leave to withdraw the abuser’s application without specifically contesting the allegations other than in general terms, do you know of any authority which suggests the correct approach of the court?
In relation to private law proceedings, where directions have been given for a finding of fact hearing in relation to allegations of domestic abuse and the victim has filed their schedule and supporting evidence, but the alleged abuser then seeks leave to withdraw the abuser’s application without specifically contesting the allegations other than in general terms, do you know of any authority which suggests the correct approach of the court?
Q&As

In relation to section 97(2) of the Children Act 1989, is Clayton v Clayton [2006] still authority that a prohibition on publicity does not apply post-proceedings and that to prohibit publicity after the conclusion of the proceedings, the court must make either an injunction or prohibited steps order? Does more recent case law address this issue, in particular the use of social media following private children orders?
In relation to section 97(2) of the Children Act 1989, is Clayton v Clayton [2006] still authority that a prohibition on publicity does not apply post-proceedings and that to prohibit publicity after the conclusion of the proceedings, the court must make either an injunction or prohibited steps order? Does more recent case law address this issue, in particular the use of social media following private children orders?
Q&As

In relation to the civil tort of harassment under section 3 of the Protection from Harassment Act 1997 (PHA 1997) is the test for a ‘course of conduct’ the same as it is for criminal proceedings under PHA 1997, s 1?
In relation to the civil tort of harassment under section 3 of the Protection from Harassment Act 1997 (PHA 1997) is the test for a ‘course of conduct’ the same as it is for criminal proceedings under PHA 1997, s 1?
Q&As

In relation to the Health Protection (Coronavirus Restrictions) (No 5) (Wales) Regulations 2020, SI 2020/1609, would the lawful basis be for a local authority officer to attend a private dwelling to ascertain compliance with isolation requirements, if they are unaccompanied?
In relation to the Health Protection (Coronavirus Restrictions) (No 5) (Wales) Regulations 2020, SI 2020/1609, would the lawful basis be for a local authority officer to attend a private dwelling to ascertain compliance with isolation requirements, if they are unaccompanied?
Q&As

In relation to the procedure for an application under the Protection from Harassment Act 1997, does a claimant have to file any written evidence on which they intend to rely with their claim form, setting out the facts on which the claimant relies including all material facts of which the court should be made aware? Also, is such an application brought under Part 8 of the Civil Procedure Rules 1998 and if not under which part should it be brought?
In relation to the procedure for an application under the Protection from Harassment Act 1997, does a claimant have to file any written evidence on which they intend to rely with their claim form, setting out the facts on which the claimant relies including all material facts of which the court should be made aware? Also, is such an application brought under Part 8 of the Civil Procedure Rules 1998 and if not under which part should it be brought?
Q&As

In respect of a pre-emption agreement, is there a legal limit on the ‘pre-emption period’, ie the time within which the pre-emption agreement will be legally enforceable? Does the statutory perpetuity period apply to pre-emption agreements that run from the present?
In respect of a pre-emption agreement, is there a legal limit on the ‘pre-emption period’, ie the time within which the pre-emption agreement will be legally enforceable? Does the statutory perpetuity period apply to pre-emption agreements that run from the present?
Q&As

In respect of a statutory periodic tenancy, does the tenant’s notice period of one month have to expire on the last day of the period of the tenancy?
In respect of a statutory periodic tenancy, does the tenant’s notice period of one month have to expire on the last day of the period of the tenancy?
Q&As

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