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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

Is there a time limit for an estate beneficiary to apply to obtain a full set of estate accounts from the personal representatives?
Is there a time limit for an estate beneficiary to apply to obtain a full set of estate accounts from the personal representatives?
Q&As

Is there a time limit for the enforcement of a financial order made on divorce which provides for the transfer of a property from one party to the other? Where the order was made several years ago, can an application be made for execution of the TR1 Form without notice to one party if they cannot be located? To what extent will the other party need to evidence the steps taken to seek to implement the terms of the order in relation to the transfer?
Is there a time limit for the enforcement of a financial order made on divorce which provides for the transfer of a property from one party to the other? Where the order was made several years ago, can an application be made for execution of the TR1 Form without notice to one party if they cannot be located? To what extent will the other party need to evidence the steps taken to seek to implement the terms of the order in relation to the transfer?
Q&As

Is there a time limit for when the tenant can apply for determination of their claim to enfranchise a house where the landlord has not served a response? What impact is there on the proposed premium?
Is there a time limit for when the tenant can apply for determination of their claim to enfranchise a house where the landlord has not served a response? What impact is there on the proposed premium?
Q&As

Is there a way for a landlord to agree a payment plan with a tenant of a commercial premises in respect of rent arrears, while preserving the right to forfeit if the terms of the payment plan are breached?
Is there a way for a landlord to agree a payment plan with a tenant of a commercial premises in respect of rent arrears, while preserving the right to forfeit if the terms of the payment plan are breached?
Q&As

Is there an authority or protocol which states that if the defence want a claimant to be examined by one of their experts, they will have to bear the costs?
Is there an authority or protocol which states that if the defence want a claimant to be examined by one of their experts, they will have to bear the costs?
Q&As

Is there an implied covenant for quiet enjoyment in regulated tenancies under the Rent Act 1977?
Is there an implied covenant for quiet enjoyment in regulated tenancies under the Rent Act 1977?
Q&As

Is there an infringement of the tenant's right to quiet enjoyment if the landlord erects phone aerials on the roof space of building (which is retained by the landlord)? Is there any case law dealing with this type of factual scenario?
Is there an infringement of the tenant's right to quiet enjoyment if the landlord erects phone aerials on the roof space of building (which is retained by the landlord)? Is there any case law dealing with this type of factual scenario?
Q&As

Is there any argument that an owner of a building is responsible for breaches of building regulations or does a tenant taking on a lease take on any past breaches?
Is there any argument that an owner of a building is responsible for breaches of building regulations or does a tenant taking on a lease take on any past breaches?
Q&As

Is there any authority concerning the scope of the solicitor’s duty to establish the ownership of property when taking Will instructions, rather than just taking those instructions at face value?
Is there any authority concerning the scope of the solicitor’s duty to establish the ownership of property when taking Will instructions, rather than just taking those instructions at face value?
Q&As

Is there any authority for the proposition that a claim for restitution is a claim for a liquidated sum?
Is there any authority for the proposition that a claim for restitution is a claim for a liquidated sum?
Q&As

Is there any authority on the meaning of ‘loss of revenue’ and ‘loss of business’ in the context of exemption clauses in commercial contracts? What factors should be taken into account when considering their inclusion? Would ‘loss of revenue’ or ‘loss of business’ cover different types of loss than those covered by an exclusion of ‘loss of profit’?
Is there any authority on the meaning of ‘loss of revenue’ and ‘loss of business’ in the context of exemption clauses in commercial contracts? What factors should be taken into account when considering their inclusion? Would ‘loss of revenue’ or ‘loss of business’ cover different types of loss than those covered by an exclusion of ‘loss of profit’?
Q&As

Is there any authority on whether the probation service can be sued for failing to safeguard a child at risk, by notifying the local authority, where the parent has a known history of violence and, on the parent being released from prison, this has resulted in a serious injury to the child?
Is there any authority on whether the probation service can be sued for failing to safeguard a child at risk, by notifying the local authority, where the parent has a known history of violence and, on the parent being released from prison, this has resulted in a serious injury to the child?
Q&As

Is there any authority providing for an applicant to request the reasonable cost incurred in preparing a court bundle from the respondent?
Is there any authority providing for an applicant to request the reasonable cost incurred in preparing a court bundle from the respondent?
Q&As

Is there any authority that court ordered maintenance arrears should be paid before credit card debt or loans etc?
Is there any authority that court ordered maintenance arrears should be paid before credit card debt or loans etc?
Q&As

Is there any authority that says that, where there is a lease of more than seven years that it must be registered before a break notice can be exercised in circumstances where the lease does not contain that as a pre-condition? Alternatively, if there is such a pre-condition but the landlord has failed to answer any requisitions raised by HM Land Registry and thus prevented registration, can it object to the service of the break notice?
Is there any authority that says that, where there is a lease of more than seven years that it must be registered before a break notice can be exercised in circumstances where the lease does not contain that as a pre-condition? Alternatively, if there is such a pre-condition but the landlord has failed to answer any requisitions raised by HM Land Registry and thus prevented registration, can it object to the service of the break notice?
Q&As

Is there any case law on designation of a supervision order specifically looking at the wording in paragraph 9(1)(b) of Schedule 3 to the Children Act 1989 which says ‘or will live within their area’? Must the intent to live in the area be backed up with proof, for example a tenancy agreement or something similar?
Is there any case law on designation of a supervision order specifically looking at the wording in paragraph 9(1)(b) of Schedule 3 to the Children Act 1989 which says ‘or will live within their area’? Must the intent to live in the area be backed up with proof, for example a tenancy agreement or something similar?
Q&As

Is there any case law on the use of CPR 55.19 by the court and how is it applied? Where an application has been made against a party to set aside a possession order, what factors are taken into account by the court? Does this section apply to section 21 evictions?
Is there any case law on the use of CPR 55.19 by the court and how is it applied? Where an application has been made against a party to set aside a possession order, what factors are taken into account by the court? Does this section apply to section 21 evictions?
Q&As

Is there any case law or other guidance about the extent of a railway company's access rights under section 14 of the Railway Regulation Act 1842, such as whether it includes the right to store materials or create a compound during repair works?
Is there any case law or other guidance about the extent of a railway company's access rights under section 14 of the Railway Regulation Act 1842, such as whether it includes the right to store materials or create a compound during repair works?
Q&As

Is there any case law that addresses when hiring a private investigator, or the actions of a private investigator, crosses the boundary into unlawful behaviour such as stalking, harassment or breach of privacy?
Is there any case law that addresses when hiring a private investigator, or the actions of a private investigator, crosses the boundary into unlawful behaviour such as stalking, harassment or breach of privacy?
Q&As

Is there any case law that provides that expert evidence in financial proceedings is necessary in particular cases that support the need for an expert pensions valuation?
Is there any case law that provides that expert evidence in financial proceedings is necessary in particular cases that support the need for an expert pensions valuation?
Q&As

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