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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

The introduction of CPR PD 51Z stays any possession actions under CPR 55 for 90 days, but is there anything preventing a landlord from bringing a monetary claim only in respect of rent arrears?
The introduction of CPR PD 51Z stays any possession actions under CPR 55 for 90 days, but is there anything preventing a landlord from bringing a monetary claim only in respect of rent arrears?
Q&As

The matrimonial home is solely owned by one spouse who has left the property. The occupying spouse has registered home rights. The non-occupying spouse has given permission for their son (the other party’s stepson) to move into the property against the occupying spouse’s wishes. How can the occupying spouse have the stepson excluded from the property? Would this be by an application under the Family Law Act 1996 for an occupation order against the non-occupying spouse or by other civil proceedings?
The matrimonial home is solely owned by one spouse who has left the property. The occupying spouse has registered home rights. The non-occupying spouse has given permission for their son (the other party’s stepson) to move into the property against the occupying spouse’s wishes. How can the occupying spouse have the stepson excluded from the property? Would this be by an application under the Family Law Act 1996 for an occupation order against the non-occupying spouse or by other civil proceedings?
Q&As

The new Electronic Communication Code includes a right, at 3(h), to ‘interfering or obstructing a means of access to or from land, whether or not the electronic communications apparatus is on that land (although only if the occupier of any other land is bound by a Code right)’. Would this Code right extend to access over land which is owned by a third party? The telecommunication site is located within a compound owned by A, but access (and parking) is outside this compound on land owned by B. Can B be bound by this Code right?
The new Electronic Communication Code includes a right, at 3(h), to ‘interfering or obstructing a means of access to or from land, whether or not the electronic communications apparatus is on that land (although only if the occupier of any other land is bound by a Code right)’. Would this Code right extend to access over land which is owned by a third party? The telecommunication site is located within a compound owned by A, but access (and parking) is outside this compound on land owned by B. Can B be bound by this Code right?
Q&As

The owner of an estate road is under obligation to maintain the road. Owners of the plots on the estate have a right to use the road but the transfers of the plots did not provide for any of the plot owners to contribute to maintenance. Is there any case law which would support the proposition that a plot owner exercising rights of way should be liable to contribute towards the expenses of maintaining the road in the absence of a positive covenant to do so?
The owner of an estate road is under obligation to maintain the road. Owners of the plots on the estate have a right to use the road but the transfers of the plots did not provide for any of the plot owners to contribute to maintenance. Is there any case law which would support the proposition that a plot owner exercising rights of way should be liable to contribute towards the expenses of maintaining the road in the absence of a positive covenant to do so?
Q&As

The owners of an adjoining property agreed to let their adjoining neighbours build an adjoining garage on their wall. The neighbours ended up building a house (rather than the agreed garage) on their wall. What remedies are available to the owners?
The owners of an adjoining property agreed to let their adjoining neighbours build an adjoining garage on their wall. The neighbours ended up building a house (rather than the agreed garage) on their wall. What remedies are available to the owners?
Q&As

The ownership section of a commons register (under the Commons Registration Act 1965 (CRA 1965)) can be amended under CRA 1965, s 12(b) if the registration authority is notified by the Chief Land Registrar that the land has been registered in the register of title. In accordance with online government guidance, this seems to have been done using a B52 Form from the Land Registry, however, the Land Registry no longer issue this form. What evidence would instead need to be submitted?
The ownership section of a commons register (under the Commons Registration Act 1965 (CRA 1965)) can be amended under CRA 1965, s 12(b) if the registration authority is notified by the Chief Land Registrar that the land has been registered in the register of title. In accordance with online government guidance, this seems to have been done using a B52 Form from the Land Registry, however, the Land Registry no longer issue this form. What evidence would instead need to be submitted?
Q&As

The parties agree a financial settlement on divorce so that the family home was to be transferred to the wife for nil consideration. The husband had no other assets and applied for an individual voluntary arrangement (IVA) prior to the transfer of the family home and before a financial order had been made. Can the IVA insolvency practitioner insist that the husband's share of the family home is part of the IVA and be used to pay his debts so as to prevent the transfer for nil consideration taking place?
The parties agree a financial settlement on divorce so that the family home was to be transferred to the wife for nil consideration. The husband had no other assets and applied for an individual voluntary arrangement (IVA) prior to the transfer of the family home and before a financial order had been made. Can the IVA insolvency practitioner insist that the husband's share of the family home is part of the IVA and be used to pay his debts so as to prevent the transfer for nil consideration taking place?
Q&As

The parties agreed child maintenance in 2007 through a family based agreement for two children, who are now age 16 and 21. The 21-year-old completed their full time education in 2017. At some point, the paying parent’s income increased, and the parties are agreed that a sum may be owing as to the difference between the sums paid and the amount that would have been calculated by the Child Maintenance Service (CMS). Could the CMS be asked to calculate arrears as to the difference between the sums paid and the sum that would have been paid had a calculation been made on the basis of the increased income, and if so for what period of time? If not, what other remedies may be available if the matter cannot be agreed?
The parties agreed child maintenance in 2007 through a family based agreement for two children, who are now age 16 and 21. The 21-year-old completed their full time education in 2017. At some point, the paying parent’s income increased, and the parties are agreed that a sum may be owing as to the difference between the sums paid and the amount that would have been calculated by the Child Maintenance Service (CMS). Could the CMS be asked to calculate arrears as to the difference between the sums paid and the sum that would have been paid had a calculation been made on the basis of the increased income, and if so for what period of time? If not, what other remedies may be available if the matter cannot be agreed?
Q&As

The parties are divorced and the husband is bankrupt. The only jointly-owned asset is the former matrimonial home. The parties have agree that the wife will pay a sum to the trustee in bankruptcy for the husband’s interest in the former matrimonial home, but that sum is insufficient to meet the debts of the husband so he will remain bankrupt. Can a financial remedy order be made by the court, either as to property adjustment or to dismiss the parties claims with provision for the parties to retain their sole assets?
The parties are divorced and the husband is bankrupt. The only jointly-owned asset is the former matrimonial home. The parties have agree that the wife will pay a sum to the trustee in bankruptcy for the husband’s interest in the former matrimonial home, but that sum is insufficient to meet the debts of the husband so he will remain bankrupt. Can a financial remedy order be made by the court, either as to property adjustment or to dismiss the parties claims with provision for the parties to retain their sole assets?
Q&As

The parties are joint tenants in relation to the former matrimonial home. By agreement, they remortgaged the property to release equity. On the breakdown of the marriage, one spouse asked the other spouse to repay sums from the equity release, which they refused to do. Where a sum has been withdrawn from the marital joint assets and spent on a mutually agreed venture, what obligation does a spouse have to repay that sum to the other spouse should the marriage end?
The parties are joint tenants in relation to the former matrimonial home. By agreement, they remortgaged the property to release equity. On the breakdown of the marriage, one spouse asked the other spouse to repay sums from the equity release, which they refused to do. Where a sum has been withdrawn from the marital joint assets and spent on a mutually agreed venture, what obligation does a spouse have to repay that sum to the other spouse should the marriage end?
Q&As

The parties are married and lived in a property jointly owned by one spouse and a third party. The parties separated and the applicant spouse obtained an occupation order for a period of four months. The applicant now wishes to register a matrimonial home rights notice with the Land Registry against the property owned by their spouse and the third party. Can the applicant register such a notice, and are they assisted by the decision in Abdullah v Westminster City Council [2011] EWCA Civ 1171?
The parties are married and lived in a property jointly owned by one spouse and a third party. The parties separated and the applicant spouse obtained an occupation order for a period of four months. The applicant now wishes to register a matrimonial home rights notice with the Land Registry against the property owned by their spouse and the third party. Can the applicant register such a notice, and are they assisted by the decision in Abdullah v Westminster City Council [2011] EWCA Civ 1171?
Q&As

The parties entered into a religious marriage conducted in Sri Lanka in accordance with the law and customs of that country, by a Nikah ceremony. They want to divorce and have already started their religious divorce in Sri Lanka. Both parties are habitually resident in England, one is a British citizen from birth and the other party's application for British citizenship was awarded five years after the marriage. Should they also seek a divorce in this country?
The parties entered into a religious marriage conducted in Sri Lanka in accordance with the law and customs of that country, by a Nikah ceremony. They want to divorce and have already started their religious divorce in Sri Lanka. Both parties are habitually resident in England, one is a British citizen from birth and the other party's application for British citizenship was awarded five years after the marriage. Should they also seek a divorce in this country?
Q&As

The parties previously cohabited and have a child. The former family home is in the sole name of one party, who continues to pay the mortgage on the property but no longer resides there. Can the mortgage payments be offset against a liability for child maintenance?
The parties previously cohabited and have a child. The former family home is in the sole name of one party, who continues to pay the mortgage on the property but no longer resides there. Can the mortgage payments be offset against a liability for child maintenance?
Q&As

The parties reached an agreement at a financial dispute resolution hearing and heads of terms of agreement were approved. One party then died before the financial consent order had been agreed and approved by the court. Can the surviving party unilaterally apply for the terms to be made into an order after the death of the other party?
The parties reached an agreement at a financial dispute resolution hearing and heads of terms of agreement were approved. One party then died before the financial consent order had been agreed and approved by the court. Can the surviving party unilaterally apply for the terms to be made into an order after the death of the other party?
Q&As

The parties to a marriage entered into a consent order which provided for global periodical payments (spousal and child maintenance until the child finished secondary education). The ‘child’ is now over the age of 18, has completed secondary education, is entering tertiary education and the original maintenance order has ended. What options are there for the recipient of the global maintenance to seek financial support for the child at university given that they are too late to apply to extend the child periodical payments in the consent order?
The parties to a marriage entered into a consent order which provided for global periodical payments (spousal and child maintenance until the child finished secondary education). The ‘child’ is now over the age of 18, has completed secondary education, is entering tertiary education and the original maintenance order has ended. What options are there for the recipient of the global maintenance to seek financial support for the child at university given that they are too late to apply to extend the child periodical payments in the consent order?
Q&As

The parties to a marriage live in a council-owned property, the tenancy for which is in the sole name of one of the parties. Following pronouncement of decree absolute, the party in whose name the tenancy is held asked the other party to leave the property. Does that party have any rights to remain living in the property, and what application can they make in relation to the property?
The parties to a marriage live in a council-owned property, the tenancy for which is in the sole name of one of the parties. Following pronouncement of decree absolute, the party in whose name the tenancy is held asked the other party to leave the property. Does that party have any rights to remain living in the property, and what application can they make in relation to the property?
Q&As

The parties were married in the UK. Divorce proceedings were started in a non-EU jurisdiction as the parties then lived in that jurisdiction, but the decree absolute has not been received as it has been lost by the court, which has been unable to locate it. Are the parties now able to start divorce proceedings in England and Wales? One spouse now resides in the UK, and the other spouse still resides in the non-EU jurisdiction.
The parties were married in the UK. Divorce proceedings were started in a non-EU jurisdiction as the parties then lived in that jurisdiction, but the decree absolute has not been received as it has been lost by the court, which has been unable to locate it. Are the parties now able to start divorce proceedings in England and Wales? One spouse now resides in the UK, and the other spouse still resides in the non-EU jurisdiction.
Q&As

The personal representative in an estate appointed a firm of solicitors to act as her attorney to take out the grant of letters of administration. The personal representative (donor) has since died. Is the firm of solicitors still able to act in the administration of the estate?
The personal representative in an estate appointed a firm of solicitors to act as her attorney to take out the grant of letters of administration. The personal representative (donor) has since died. Is the firm of solicitors still able to act in the administration of the estate?
Q&As

The petitioner gave an undertaking to their solicitors not to apply for the decree absolute in relation to the divorce suit until financial matters had been resolved between the parties. The solicitors are no longer instructed by the petitioner. Does the undertaking still apply?
The petitioner gave an undertaking to their solicitors not to apply for the decree absolute in relation to the divorce suit until financial matters had been resolved between the parties. The solicitors are no longer instructed by the petitioner. Does the undertaking still apply?
Q&As

The prescribed form for a section 8 notice in Wales is Form 3 in the Schedule to the Assured Tenancies and Agricultural Occupancies (Forms) Regulations 1997, SI 1997/194. Is there a gap in legislation regarding reference to grounds 7A and 7B in the prescribed form in section 4 (Notes on the grounds for possession)?
The prescribed form for a section 8 notice in Wales is Form 3 in the Schedule to the Assured Tenancies and Agricultural Occupancies (Forms) Regulations 1997, SI 1997/194. Is there a gap in legislation regarding reference to grounds 7A and 7B in the prescribed form in section 4 (Notes on the grounds for possession)?
Q&As

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