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4 King’s Bench Walk

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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

Instructing a forensic accountant in family proceedings
Instructing a forensic accountant in family proceedings
Practice notes

This Practice Note considers issues relating to the instruction of a forensic accountant to provide expert evidence as to the valuation of company or business assets within financial remedy proceedings, including applications for permission, matters to be dealt with in the letter of instruction, valuation methodology and minority interests.

Introduction to costs in proceedings subject to the Civil Procedure Rules 1998 for family lawyers
Introduction to costs in proceedings subject to the Civil Procedure Rules 1998 for family lawyers
Practice notes

This Practice Note provides guidance on the rules regarding the costs provisions of the Civil Procedure Rules 1998 (CPR), SI 1998/3132 and the circumstances in which they will apply to proceedings conducted by family lawyers, including claims made under the Trusts of Land and Appointment of Trustees Act 1996 (TOLATA 1996), the Inheritance (Provision for Family and Dependants) Act 1975 (I(PFD)A 1975) and some aspects of financial remedy proceedings. It also considers the factors taken into account by the court in determining costs, the types of costs orders that may be made, fixed costs and costs budgeting.

In section 123(2A) of the Local Government Act 1972, for how long must a local authority give to residents to raise objections and for how long must a local authority 'consider' those objections? For how long can a decision by a local authority, pursuant to this section, be open to judicial review?
In section 123(2A) of the Local Government Act 1972, for how long must a local authority give to residents to raise objections and for how long must a local authority 'consider' those objections? For how long can a decision by a local authority, pursuant to this section, be open to judicial review?
Q&As

In section 13(1)(a) of the Rent Act 1977, what is the difference between a tenancy belonging to a government department and a tenancy held in trust for Her Majesty for the purposes of a government department, and what would an example of the latter be?
In section 13(1)(a) of the Rent Act 1977, what is the difference between a tenancy belonging to a government department and a tenancy held in trust for Her Majesty for the purposes of a government department, and what would an example of the latter be?
Q&As

In section 40 of the Trustee Act 1925, what does the exemption ‘to land conveyed by way of mortgage for securing money subject to the trust....’ refer to precisely?
In section 40 of the Trustee Act 1925, what does the exemption ‘to land conveyed by way of mortgage for securing money subject to the trust....’ refer to precisely?
Q&As

In terms of the Law Society’s Conveyancing Protocol 2019, can a solicitor who is a member of the Conveyancing Quality Scheme charge a fee for a notice to complete if there is no provision in the contract for such fee to be charged?
In terms of the Law Society’s Conveyancing Protocol 2019, can a solicitor who is a member of the Conveyancing Quality Scheme charge a fee for a notice to complete if there is no provision in the contract for such fee to be charged?
Q&As

In the absence of a dilapidations claim (where section 18 valuation advice is not supportive), are there any other claims landlords can pursue based on the tenant's breach of covenant to put the premises in repair, eg a monetary claim for the costs of repair?
In the absence of a dilapidations claim (where section 18 valuation advice is not supportive), are there any other claims landlords can pursue based on the tenant's breach of covenant to put the premises in repair, eg a monetary claim for the costs of repair?
Q&As

In the absence of an amending SI modifying the Commercial Agents (Council Directive) Regulations 1993 (the Commercial Agents Regulations), SI 1993/3053, after IP completion day what will be the effect of Regulation 1(3)(b) permitting agents in member states to agree to be subject to the Commercial Agents Regulations instead of the legislation implementing EU Commercial Agents Directive in their own member state?
In the absence of an amending SI modifying the Commercial Agents (Council Directive) Regulations 1993 (the Commercial Agents Regulations), SI 1993/3053, after IP completion day what will be the effect of Regulation 1(3)(b) permitting agents in member states to agree to be subject to the Commercial Agents Regulations instead of the legislation implementing EU Commercial Agents Directive in their own member state?
Q&As

In the absence of any evidence in the title deeds to the properties concerned, who is responsible for a retaining wall?
In the absence of any evidence in the title deeds to the properties concerned, who is responsible for a retaining wall?
Q&As

In the case of a property held abroad by a husband and wife, where the local law does not allow for the transfer of any interest in land to a non-national of that area, can a transfer of property of one party's interest to the other be effected by an application to vary a nuptial settlement, or is there some other action that should be taken? Why does form A only refer to a variation of trusts for a child? Should the form be adapted manually?
In the case of a property held abroad by a husband and wife, where the local law does not allow for the transfer of any interest in land to a non-national of that area, can a transfer of property of one party's interest to the other be effected by an application to vary a nuptial settlement, or is there some other action that should be taken? Why does form A only refer to a variation of trusts for a child? Should the form be adapted manually?
Q&As

In the case of the retirement of one trustee (of multiple trustees) and the appointment of a new trustee, which will trigger a compulsory first registration of the unregistered land, will a TR1 form be required instead of a ‘conveyance’ for the unregistered land?
In the case of the retirement of one trustee (of multiple trustees) and the appointment of a new trustee, which will trigger a compulsory first registration of the unregistered land, will a TR1 form be required instead of a ‘conveyance’ for the unregistered land?
Q&As

In the case of the sale of a freehold investment property which is subject to a mix of commercial leases and long residential leases, is the freeholder obliged to obtain and provide energy performance certificates (EPCs) for the different elements of the property (that do not already hold an EPC)? Does the position alter if there is an intermediate long lease (a building lease), under which the freeholder/seller has no right to access any part of the property subject to the various underleases and the prospective purchaser is the holder of the intermediate lease?
In the case of the sale of a freehold investment property which is subject to a mix of commercial leases and long residential leases, is the freeholder obliged to obtain and provide energy performance certificates (EPCs) for the different elements of the property (that do not already hold an EPC)? Does the position alter if there is an intermediate long lease (a building lease), under which the freeholder/seller has no right to access any part of the property subject to the various underleases and the prospective purchaser is the holder of the intermediate lease?
Q&As

In the context of a judgment summons hearing in family proceedings where the default relates to non-payment of spousal maintenance, is the judgment creditor formally required to attend the hearing in person?
In the context of a judgment summons hearing in family proceedings where the default relates to non-payment of spousal maintenance, is the judgment creditor formally required to attend the hearing in person?
Q&As

In the context of a put option, where notice to exercise the option has been served, the recipient of the notice has asked to delay completion and time is not of the essence, can a new completion date be agreed while preserving the right to serve a notice to complete in the future? If the party who served the notice does nothing (ie remains silence), can they then serve a notice to complete when they wish?
In the context of a put option, where notice to exercise the option has been served, the recipient of the notice has asked to delay completion and time is not of the essence, can a new completion date be agreed while preserving the right to serve a notice to complete in the future? If the party who served the notice does nothing (ie remains silence), can they then serve a notice to complete when they wish?
Q&As

In the context of assignment of a lease with an authorised guarantee agreement (AGA). If the original tenant enters into an AGA, however is likely to be dissolved as a limited company in the near future, would a further personal sub-guarantee provided by the directors of the company be a breach of the anti avoidance provisions of section 25 of the Landlord and Tenant (Covenants) Act 1995?
In the context of assignment of a lease with an authorised guarantee agreement (AGA). If the original tenant enters into an AGA, however is likely to be dissolved as a limited company in the near future, would a further personal sub-guarantee provided by the directors of the company be a breach of the anti avoidance provisions of section 25 of the Landlord and Tenant (Covenants) Act 1995?
Q&As

In the event that a headlease is forfeited but the subtenant subsequently enters into a tenancy at will, if they previously had a tenancy under the Landlord and Tenant Act 1954, will they still be a protected tenant irrespective of the tenancy at will?
In the event that a headlease is forfeited but the subtenant subsequently enters into a tenancy at will, if they previously had a tenancy under the Landlord and Tenant Act 1954, will they still be a protected tenant irrespective of the tenancy at will?
Q&As

In the sale of a leasehold flat where the owner owns the freehold estate, section 5 notice would not normally be required as the landlord (also a qualifying tenant) would be exempt from the right of first refusal. If the landlord passed away, does the exemption carry forward to the executor, even though the executor does not live in the flat?
In the sale of a leasehold flat where the owner owns the freehold estate, section 5 notice would not normally be required as the landlord (also a qualifying tenant) would be exempt from the right of first refusal. If the landlord passed away, does the exemption carry forward to the executor, even though the executor does not live in the flat?
Q&As

In what circumstances can a local authority be requested to assist the court in a private law children's action?
In what circumstances can a local authority be requested to assist the court in a private law children's action?
Q&As

In what circumstances can third parties, such as friends and family members, who have funded family proceedings for a friend or relative become liable for costs in those proceedings?
In what circumstances can third parties, such as friends and family members, who have funded family proceedings for a friend or relative become liable for costs in those proceedings?
Q&As

In what situation is monetary compensation or consent not valid to overcome a right to light claim? If the parties have agreed that a development can continue and this has been recorded at HM Land Registry—can the Local Authority still object to a development for the only reason of concerns about the neighbours’ rights of light?
In what situation is monetary compensation or consent not valid to overcome a right to light claim? If the parties have agreed that a development can continue and this has been recorded at HM Land Registry—can the Local Authority still object to a development for the only reason of concerns about the neighbours’ rights of light?
Q&As

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