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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

On an application under the Trusts of Land and Appointment of Trustees Act 1996 is the court able to 'add back' funds that have been spent by one party? If one party owns land to which another party has a claim and they sell part of the land and use the proceeds to pay off debts not relating to that land, could the amount spent on debts be added back for the purposes of the TOLATA 1996 claim?
On an application under the Trusts of Land and Appointment of Trustees Act 1996 is the court able to 'add back' funds that have been spent by one party? If one party owns land to which another party has a claim and they sell part of the land and use the proceeds to pay off debts not relating to that land, could the amount spent on debts be added back for the purposes of the TOLATA 1996 claim?
Q&As

On Form D81, if the family home is registered in sole name, does the other party need to state their interest in the home at section 7A on the form?
On Form D81, if the family home is registered in sole name, does the other party need to state their interest in the home at section 7A on the form?
Q&As

On issuing an application under the Trusts of Land and Appointment of Trustees Act 1996, using the procedure under either Part 7 or Part 8 of the Civil Procedure Rules 1998, is the applicant required to include a particulars of claim?
On issuing an application under the Trusts of Land and Appointment of Trustees Act 1996, using the procedure under either Part 7 or Part 8 of the Civil Procedure Rules 1998, is the applicant required to include a particulars of claim?
Q&As

On making an application for deemed service of a divorce petition where the respondent has instructed a solicitor, is it sufficient to prove that the respondent’s solicitor has received the petition or will the court require proof that the respondent has received it?
On making an application for deemed service of a divorce petition where the respondent has instructed a solicitor, is it sufficient to prove that the respondent’s solicitor has received the petition or will the court require proof that the respondent has received it?
Q&As

On merger of freehold and leasehold titles, HM Land Registry does not automatically enter the benefit of easements affecting the leasehold title in the registered title of the reversionary interest but requires (paragraph 3.4 of HM Land Registry Practice Guide 26) an application to be made and provision of ‘satisfactory evidence that the easement subsists for the benefit of the reversionary estate’. What would amount to ‘satisfactory evidence’? The leasehold and freehold estates are co-extensive and the servient land is in third party ownership. What evidence might be required beyond the registration of the easement in favour of the leasehold estate?
On merger of freehold and leasehold titles, HM Land Registry does not automatically enter the benefit of easements affecting the leasehold title in the registered title of the reversionary interest but requires (paragraph 3.4 of HM Land Registry Practice Guide 26) an application to be made and provision of ‘satisfactory evidence that the easement subsists for the benefit of the reversionary estate’. What would amount to ‘satisfactory evidence’? The leasehold and freehold estates are co-extensive and the servient land is in third party ownership. What evidence might be required beyond the registration of the easement in favour of the leasehold estate?
Q&As

On surrender of a lease on behalf of a tenant, it is agreed the tenant is not responsible for any repairing obligations but just to leave the property in a clean and tidy condition. There is a yield up clause in the surrender which states...' The Tenant surrenders and yields up to the Landlord with full title guarantee all its estate interest and rights in the property and the Landlord accepts the surrender. ' Does 'yield up' put specific responsibilities on the tenant for how they should return the property to the landlord?
On surrender of a lease on behalf of a tenant, it is agreed the tenant is not responsible for any repairing obligations but just to leave the property in a clean and tidy condition. There is a yield up clause in the surrender which states...' The Tenant surrenders and yields up to the Landlord with full title guarantee all its estate interest and rights in the property and the Landlord accepts the surrender. ' Does 'yield up' put specific responsibilities on the tenant for how they should return the property to the landlord?
Q&As

On the cessation of a global order for maintenance, the parent with care made an application to the Child Maintenance Service (CMS) in relation to the child of the parties, who is age 16. The CMS have not been able to confirm an address for the non-resident parent, who is being uncooperative. If the non-resident parent does not pay maintenance via the CMS, can an application be under section 1 of the Domestic Proceedings and Magistrates’ Courts Act 1978 on the grounds of failure to make reasonable provision for a child of the family?
On the cessation of a global order for maintenance, the parent with care made an application to the Child Maintenance Service (CMS) in relation to the child of the parties, who is age 16. The CMS have not been able to confirm an address for the non-resident parent, who is being uncooperative. If the non-resident parent does not pay maintenance via the CMS, can an application be under section 1 of the Domestic Proceedings and Magistrates’ Courts Act 1978 on the grounds of failure to make reasonable provision for a child of the family?
Q&As

On the first day of a finding of fact hearing in family proceedings, the judge was ill and the hearing could not proceed. Can a claim be made for compensation for the losses incurred, ie counsel’s deemed brief fee and the legal costs already incurred in preparation for that hearing?
On the first day of a finding of fact hearing in family proceedings, the judge was ill and the hearing could not proceed. Can a claim be made for compensation for the losses incurred, ie counsel’s deemed brief fee and the legal costs already incurred in preparation for that hearing?
Q&As

On the sale of a property which has the benefit of an easement, is it possible to prevent the benefit of that easement from passing to the buyer? HM Land Registry practice guide 62 appears to indicate this can be done by excluding the passing of the benefit in the transfer in terms as set out in the guide. The seller does not wish to transfer the benefit of a right of way over an adjoining property as the family own the adjoining property. For complex reasons it will not be possible to enter into a formal deed of release. Will a clause in the transfer excluding the passing of the benefit of the right be sufficient to exclude the benefit on completion?
On the sale of a property which has the benefit of an easement, is it possible to prevent the benefit of that easement from passing to the buyer? HM Land Registry practice guide 62 appears to indicate this can be done by excluding the passing of the benefit in the transfer in terms as set out in the guide. The seller does not wish to transfer the benefit of a right of way over an adjoining property as the family own the adjoining property. For complex reasons it will not be possible to enter into a formal deed of release. Will a clause in the transfer excluding the passing of the benefit of the right be sufficient to exclude the benefit on completion?
Q&As

On the understanding that under section 19 of the Landlord and Tenant Act 1987 (LTA 1987), there is a requirement for 14 days to have elapsed from service of any default notice and there is a three-month limit under LTA 1987, s 17 for the nominated person to avoid losing rights, would it be a breach of LTA 1987 if proceedings are issued to the court before the 14 days have elapsed under an LTA 1987, s 19(2) notice? Could a nominated party issue proceedings to the First-tier Tribunal before the 14 days have elapsed?
On the understanding that under section 19 of the Landlord and Tenant Act 1987 (LTA 1987), there is a requirement for 14 days to have elapsed from service of any default notice and there is a three-month limit under LTA 1987, s 17 for the nominated person to avoid losing rights, would it be a breach of LTA 1987 if proceedings are issued to the court before the 14 days have elapsed under an LTA 1987, s 19(2) notice? Could a nominated party issue proceedings to the First-tier Tribunal before the 14 days have elapsed?
Q&As

On whom should a notice under section 13 of the Leasehold Reform, Housing and Urban Development Act 1993 be served? Is there any need to serve a copy on the qualifying tenants as well as the landlord?
On whom should a notice under section 13 of the Leasehold Reform, Housing and Urban Development Act 1993 be served? Is there any need to serve a copy on the qualifying tenants as well as the landlord?
Q&As

Once a valid section 13 notice has been served on the freeholder, who duly served a counternotice, what are the time scales for either a settlement to be reached or the application be deemed withdrawn where no meaningful negotiations have taken place?
Once a valid section 13 notice has been served on the freeholder, who duly served a counternotice, what are the time scales for either a settlement to be reached or the application be deemed withdrawn where no meaningful negotiations have taken place?
Q&As

Once section of the Local Government Act 1972 has been complied with, is there a time limit in which the disposal should take place?
Once section of the Local Government Act 1972 has been complied with, is there a time limit in which the disposal should take place?
Q&As

One party is English and the other Russian. They married in Romania and then moved to a non-EU country for one party’s work, while maintaining assets in England and Romania. Can a jurisdiction clause be included in the parties’ post-nuptial agreement stating that they agree that their divorce is to be dealt with in the courts of England and Wales and/or choice of law provision for the matter to be dealt with under English law? Would the position be different once the UK is no longer subject to EU regulations (ie post-Brexit)?
One party is English and the other Russian. They married in Romania and then moved to a non-EU country for one party’s work, while maintaining assets in England and Romania. Can a jurisdiction clause be included in the parties’ post-nuptial agreement stating that they agree that their divorce is to be dealt with in the courts of England and Wales and/or choice of law provision for the matter to be dealt with under English law? Would the position be different once the UK is no longer subject to EU regulations (ie post-Brexit)?
Q&As

One party to financial proceedings made an offer to settle which was rejected by the other party and the case was then listed for a final hearing. Following a significant change in circumstances, the party who rejected the offer now seeks to accept it. Where the offer was not formally withdrawn, did the original rejection of the offer terminate it?
One party to financial proceedings made an offer to settle which was rejected by the other party and the case was then listed for a final hearing. Following a significant change in circumstances, the party who rejected the offer now seeks to accept it. Where the offer was not formally withdrawn, did the original rejection of the offer terminate it?
Q&As

One spouse is the sole owner of the matrimonial home. The other spouse has registered a home rights notice and left the property at the request of the police after they were abusive. Can the non-owning spouse return to property or do they need to obtain an occupation order and the leave of the court to re-enter?
One spouse is the sole owner of the matrimonial home. The other spouse has registered a home rights notice and left the property at the request of the police after they were abusive. Can the non-owning spouse return to property or do they need to obtain an occupation order and the leave of the court to re-enter?
Q&As

Over ten years ago, provision was made by an undertaking within a financial order for the paying party to pay child maintenance to the parent with care until the child reached the age of 18, ceased full time education up to a first degree level, or further order. The child ceased education and is now in paid employment but is considering attending university. If the child re-commences their education, can the undertaking for child maintenance be reactivated?
Over ten years ago, provision was made by an undertaking within a financial order for the paying party to pay child maintenance to the parent with care until the child reached the age of 18, ceased full time education up to a first degree level, or further order. The child ceased education and is now in paid employment but is considering attending university. If the child re-commences their education, can the undertaking for child maintenance be reactivated?
Q&As

Part of a registered title is subject to a caution against dealings which was registered in 1923 in favour of the Bounty of Queen Anne for the Augmentation of the Maintenance of the Poor Clergy. The nature of the cautioner’s interest is not specified. Having perused HM Land Registry (HMLR) PG 3, we understand HMLR will give notice to the cautioner. What are the consequences of the cautioner being placed on notice given that no clear legal interest can be ascertained from the caution lodged with HMLR?
Part of a registered title is subject to a caution against dealings which was registered in 1923 in favour of the Bounty of Queen Anne for the Augmentation of the Maintenance of the Poor Clergy. The nature of the cautioner’s interest is not specified. Having perused HM Land Registry (HMLR) PG 3, we understand HMLR will give notice to the cautioner. What are the consequences of the cautioner being placed on notice given that no clear legal interest can be ascertained from the caution lodged with HMLR?
Q&As

Party A has an easement to drain into a septic tank on Party B's land. Party B wishes to develop that land and so sets about unilaterally installing a new septic tank for Party A to drain into. Party B disconnects Party A from the current septic tank. Party A has nowhere to drain. What common law remedies are available to Party A?
Party A has an easement to drain into a septic tank on Party B's land. Party B wishes to develop that land and so sets about unilaterally installing a new septic tank for Party A to drain into. Party B disconnects Party A from the current septic tank. Party A has nowhere to drain. What common law remedies are available to Party A?
Q&As

Party A has obtained a charging order and order for sale over unregistered land owned by Party B. Party A obtains a court order against Party B, requiring Party B to deliver title deeds. Party B fails to comply. What action can Party A take to obtain these title deeds?
Party A has obtained a charging order and order for sale over unregistered land owned by Party B. Party A obtains a court order against Party B, requiring Party B to deliver title deeds. Party B fails to comply. What action can Party A take to obtain these title deeds?
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