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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 any case law to confirm that payment of interest on a capital sum can be construed as payment in respect of the debt and thereby extend limitation under section 29(5) of the Limitation Act 1980?
Is there any case law to confirm that payment of interest on a capital sum can be construed as payment in respect of the debt and thereby extend limitation under section 29(5) of the Limitation Act 1980?
Q&As

Is there any effect on the right to apply for relief from forfeiture of commercial premises: (a) where a subtenant wishes to apply for relief, but when the sublease was granted the subtenant company had not been incorporated. The company was later incorporated, (b) where a mortgagee wishes to apply for relief, but the charge was not registered?
Is there any effect on the right to apply for relief from forfeiture of commercial premises: (a) where a subtenant wishes to apply for relief, but when the sublease was granted the subtenant company had not been incorporated. The company was later incorporated, (b) where a mortgagee wishes to apply for relief, but the charge was not registered?
Q&As

Is there any guidance as to what professional fees may be charged by a solicitor acting on behalf of a lay deputy in relation to obtaining a court order?
Is there any guidance as to what professional fees may be charged by a solicitor acting on behalf of a lay deputy in relation to obtaining a court order?
Q&As

Is there any guidance for local authorities and their powers to enforce contact tracing regarding the new National Health Service coronavirus (COVID-19) app?
Is there any guidance for local authorities and their powers to enforce contact tracing regarding the new National Health Service coronavirus (COVID-19) app?
Q&As

Is there any guidance on the interpretation of regulation 14(3) of the Regulatory Reform (Fire Safety) Order 2005, SI 2005/1541 for larger properties and what is appropriate, eg the need for a separate fire escape route from a first floor where currently the only means of escape is via main staircase?
Is there any guidance on the interpretation of regulation 14(3) of the Regulatory Reform (Fire Safety) Order 2005, SI 2005/1541 for larger properties and what is appropriate, eg the need for a separate fire escape route from a first floor where currently the only means of escape is via main staircase?
Q&As

Is there any guidance on what to expect from a global family assessment in parental alienation cases?
Is there any guidance on what to expect from a global family assessment in parental alienation cases?
Q&As

Is there any guidance or case law on a scenario where a party is using a third party's bank account as their own, to the effect that the bank account should be disclosed as part of financial remedy proceedings? For example, where a party is paying money into a new partner’s bank account but refuses to disclose the bank account in their Form E.
Is there any guidance or case law on a scenario where a party is using a third party's bank account as their own, to the effect that the bank account should be disclosed as part of financial remedy proceedings? For example, where a party is paying money into a new partner’s bank account but refuses to disclose the bank account in their Form E.
Q&As

Is there any legislation which would prevent a private college contracting with a provider of bus services for a bus route which is for their private hire only and not made available to the public? Could the bus company subvert the college and start charging the public to use the same route?
Is there any legislation which would prevent a private college contracting with a provider of bus services for a bus route which is for their private hire only and not made available to the public? Could the bus company subvert the college and start charging the public to use the same route?
Q&As

Is there any obligation on a landlord to respond to a tenant’s request that the landlord confirms acceptance of the validity of a tenant’s break notice? If the landlord does not respond substantively and subsequently challenges validity after the break date has expired, what are the merits of the tenant then arguing waiver/estoppel?
Is there any obligation on a landlord to respond to a tenant’s request that the landlord confirms acceptance of the validity of a tenant’s break notice? If the landlord does not respond substantively and subsequently challenges validity after the break date has expired, what are the merits of the tenant then arguing waiver/estoppel?
Q&As

Is there any provision under sections 12-15 of the Trusts of Land and Appointment of Trustees Act 1996 (or in case law) which allows a party to bring within the quantification of the beneficial interest a party’s pension contributions when the other seeks an order for sale?
Is there any provision under sections 12-15 of the Trusts of Land and Appointment of Trustees Act 1996 (or in case law) which allows a party to bring within the quantification of the beneficial interest a party’s pension contributions when the other seeks an order for sale?
Q&As

Is there any reason why a transfer of registered property cannot be witnessed by a resident of another country?
Is there any reason why a transfer of registered property cannot be witnessed by a resident of another country?
Q&As

Is there any reason why additional property could not be included in the statutory renewal of a long residential lease by reference to an existing lease?
Is there any reason why additional property could not be included in the statutory renewal of a long residential lease by reference to an existing lease?
Q&As

Is there any restriction on the powers of a justices' legal adviser to make a wasted costs or any other costs order?
Is there any restriction on the powers of a justices' legal adviser to make a wasted costs or any other costs order?
Q&As

Is there case law authority where a respondent to an unreasonable behaviour petition allows the divorce to proceed on an undefended basis, that the petitioner cannot then within other proceedings, such as a financial remedy, refer to the fact that the petition was not defended and rely on the particulars in the petition?
Is there case law authority where a respondent to an unreasonable behaviour petition allows the divorce to proceed on an undefended basis, that the petitioner cannot then within other proceedings, such as a financial remedy, refer to the fact that the petition was not defended and rely on the particulars in the petition?
Q&As

Is there case law in favour of a claimant in tripping accidents in supermarkets?
Is there case law in favour of a claimant in tripping accidents in supermarkets?
Q&As

Is there case law on whether a year in industry in the context of an undergraduate degree should be treated as part of the degree, where it has been agreed that child maintenance be paid until the end of a first degree?
Is there case law on whether a year in industry in the context of an undergraduate degree should be treated as part of the degree, where it has been agreed that child maintenance be paid until the end of a first degree?
Q&As

Is there caselaw in favour of a claimant in tripping accidents in supermarkets?
Is there caselaw in favour of a claimant in tripping accidents in supermarkets?
Q&As

It has been discovered that a man who was registered on a child’s birth certificate is not the biological father of the child, where he was not married to or in a civil partnership with the child’s mother. Did he acquire parental responsibility by virtue of his inclusion on the birth certificate? If not, how may he acquire parental responsibility and can he apply for a declaration of parentage that he is not the father of the child?
It has been discovered that a man who was registered on a child’s birth certificate is not the biological father of the child, where he was not married to or in a civil partnership with the child’s mother. Did he acquire parental responsibility by virtue of his inclusion on the birth certificate? If not, how may he acquire parental responsibility and can he apply for a declaration of parentage that he is not the father of the child?
Q&As

It is noted that the risk of extending the time for responding to a section 45 notice would be with the landlord and not the tenant, however, if the tenant agrees to the extension, but the terms of acquisition cannot be agreed, does the tenant then have to the apply to the County Court under section 49 of the Leasehold Reform, Housing and Urban Development Act 1993 (LRHUDA 1993) to determine the terms of acquisition? Can an application still be made to the First-tier Tribunal under LRHUDA 1993, s 48? If an application has been made to the County Court under LRHUDA 1993, s 49, does it have to be made within six months from the date stated in the section 42 notice or the extended date agreed by the parties?
It is noted that the risk of extending the time for responding to a section 45 notice would be with the landlord and not the tenant, however, if the tenant agrees to the extension, but the terms of acquisition cannot be agreed, does the tenant then have to the apply to the County Court under section 49 of the Leasehold Reform, Housing and Urban Development Act 1993 (LRHUDA 1993) to determine the terms of acquisition? Can an application still be made to the First-tier Tribunal under LRHUDA 1993, s 48? If an application has been made to the County Court under LRHUDA 1993, s 49, does it have to be made within six months from the date stated in the section 42 notice or the extended date agreed by the parties?
Q&As

It is quite common in a licence to assign a commercial lease for there to be a provision to the effect that the grant of the licence does not signify that there are no outstanding breaches of covenant or condition in respect of the tenant's covenants and conditions in the lease or that the same have been waived. When dealing with a 'new' lease (ie granted after 1 January 1996), if an outgoing tenant and their solicitors objected to this clause, would it be unreasonable of a landlord to require the same to avoid it being suggested that the licence is a waiver of any past breaches by the outgoing tenant under the lease?
It is quite common in a licence to assign a commercial lease for there to be a provision to the effect that the grant of the licence does not signify that there are no outstanding breaches of covenant or condition in respect of the tenant's covenants and conditions in the lease or that the same have been waived. When dealing with a 'new' lease (ie granted after 1 January 1996), if an outgoing tenant and their solicitors objected to this clause, would it be unreasonable of a landlord to require the same to avoid it being suggested that the licence is a waiver of any past breaches by the outgoing tenant under the lease?
Q&As

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