LEXISNEXIS_ICON4_SIGNIN Contact us
Contact us

4 King’s Bench Walk

Experts

3

Filter by: Practice area
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 Prescription Act 1832 states ‘...The claimant must show a period of use of 20 years immediately preceding the claim’. A claimant establishes more than 20 years user of a right of access and is then sent letters by the servient owner stating there is no access. More than a year later a claim for a prescriptive easement is made. An interruption could be claimed, but ignoring this, could the claim be denied on the basis of no 20 years user immediately preceding the claim due to an objection?
The Prescription Act 1832 states ‘...The claimant must show a period of use of 20 years immediately preceding the claim’. A claimant establishes more than 20 years user of a right of access and is then sent letters by the servient owner stating there is no access. More than a year later a claim for a prescriptive easement is made. An interruption could be claimed, but ignoring this, could the claim be denied on the basis of no 20 years user immediately preceding the claim due to an objection?
Q&As

The respondent in proceedings under the Children Act 1989 is unable to attend a dispute resolution appointment because of a holiday. What is the procedure to apply to adjourn the hearing and what are the grounds for seeking an adjournment?
The respondent in proceedings under the Children Act 1989 is unable to attend a dispute resolution appointment because of a holiday. What is the procedure to apply to adjourn the hearing and what are the grounds for seeking an adjournment?
Q&As

The respondent to financial remedy proceedings, who resides in the US, has been personally served with the application but has not responded nor complied with the standard directions, including as to the filing of a Form E. What further steps can be taken to progress the matter and what orders should be sought at the first appointment?
The respondent to financial remedy proceedings, who resides in the US, has been personally served with the application but has not responded nor complied with the standard directions, including as to the filing of a Form E. What further steps can be taken to progress the matter and what orders should be sought at the first appointment?
Q&As

The right to exclusive use of a specific parking space is granted to a qualifying leaseholder in their lease, effectively an easement to park. Does this satisfy the requirements of section 1(3)(a) of the Leasehold Reform, Housing and Urban Development Act 1993 (LRHUDA 1993) or will it fail on the basis that the parking space has not actually been demised to the leaseholder under their lease? Will the other non-allocated communal visitors parking spaces satisfy LRHUDA 1993, s 1(3)(b) such that these could be enfranchised?
The right to exclusive use of a specific parking space is granted to a qualifying leaseholder in their lease, effectively an easement to park. Does this satisfy the requirements of section 1(3)(a) of the Leasehold Reform, Housing and Urban Development Act 1993 (LRHUDA 1993) or will it fail on the basis that the parking space has not actually been demised to the leaseholder under their lease? Will the other non-allocated communal visitors parking spaces satisfy LRHUDA 1993, s 1(3)(b) such that these could be enfranchised?
Q&As

The subleases of a block of flats have been drafted so that the term in each is one day longer than the headlease. How can the landlord resolve this? Will a variation of each sublease within the block be necessary?
The subleases of a block of flats have been drafted so that the term in each is one day longer than the headlease. How can the landlord resolve this? Will a variation of each sublease within the block be necessary?
Q&As

The tenant under a Landlord and Tenant Act 1954 protected business tenancy has passed away. The lease does not refer to successors-in-title and cannot be assigned. What is the position with the lease? Does it vest in the personal representatives or is there an argument that it comes to an end on the death of the tenant?
The tenant under a Landlord and Tenant Act 1954 protected business tenancy has passed away. The lease does not refer to successors-in-title and cannot be assigned. What is the position with the lease? Does it vest in the personal representatives or is there an argument that it comes to an end on the death of the tenant?
Q&As

The tenant wants to include a clause stating that the demise is let with the benefit of all easements or other rights appurtenant to the whole or any part of the demise, which are referred to in the property register of the parent title at the date of the lease, including but not limited to the rights reserved by a 2001 transfer of adjoining land. The access rights in that transfer are uncertain, and the landlord no longer owns the adjoining land. What would be the risk to the landlord in agreeing such a clause?
The tenant wants to include a clause stating that the demise is let with the benefit of all easements or other rights appurtenant to the whole or any part of the demise, which are referred to in the property register of the parent title at the date of the lease, including but not limited to the rights reserved by a 2001 transfer of adjoining land. The access rights in that transfer are uncertain, and the landlord no longer owns the adjoining land. What would be the risk to the landlord in agreeing such a clause?
Q&As

The tenants of a building have exercised their right to manage and a right to manage company (RTM company) has been established. On assignment, each lease requires the incoming tenant to enter into a deed of covenant with the former management company (whose duties have now been taken over by the RTM company). Is the RTM company required by section 98 of the Commonhold and Leasehold Reform Act 2002 to notify the landlord and obtain its approval of the form of the deed of covenant?
The tenants of a building have exercised their right to manage and a right to manage company (RTM company) has been established. On assignment, each lease requires the incoming tenant to enter into a deed of covenant with the former management company (whose duties have now been taken over by the RTM company). Is the RTM company required by section 98 of the Commonhold and Leasehold Reform Act 2002 to notify the landlord and obtain its approval of the form of the deed of covenant?
Q&As

The tenant's solicitor has sworn the statutory declaration for contracting out in the presence of her husband who is a practicing solicitor at a different firm (with authority from her client). Is this acceptable for the lease to be correctly contracted out?
The tenant's solicitor has sworn the statutory declaration for contracting out in the presence of her husband who is a practicing solicitor at a different firm (with authority from her client). Is this acceptable for the lease to be correctly contracted out?
Q&As

The transfer of property contained a personal covenant relating to the payment of overage. The registered title of the property notes that the transfer contains personal covenants. The overage obligation was also protected by a restriction which has since been removed as the obligation is spent. How best is it to remove the note of the personal covenants on the title? Can a deed of release of personal covenants be used?
The transfer of property contained a personal covenant relating to the payment of overage. The registered title of the property notes that the transfer contains personal covenants. The overage obligation was also protected by a restriction which has since been removed as the obligation is spent. How best is it to remove the note of the personal covenants on the title? Can a deed of release of personal covenants be used?
Q&As

There are a number of investors in relation to a property development project. Some of the investors have commenced a claim against the developer and have decided to apply for a summary judgment. They are suggesting that any other investors wishing to join should do so after the summary judgment is granted, as applying to join now would slow down the summary judgment process. Is such a post summary judgment joinder application possible? How would the new claimant benefit from joining a claim, where a summary judgment has already been granted without their involvement?
There are a number of investors in relation to a property development project. Some of the investors have commenced a claim against the developer and have decided to apply for a summary judgment. They are suggesting that any other investors wishing to join should do so after the summary judgment is granted, as applying to join now would slow down the summary judgment process. Is such a post summary judgment joinder application possible? How would the new claimant benefit from joining a claim, where a summary judgment has already been granted without their involvement?
Q&As

There are four self-contained blocks of flats which share communal grounds and car parking spaces. Will qualifying tenants in each block who want to enfranchise have to provide a separate application in relation to each block or can one enfranchisement application be made covering all four blocks and the communal grounds and parking spaces?
There are four self-contained blocks of flats which share communal grounds and car parking spaces. Will qualifying tenants in each block who want to enfranchise have to provide a separate application in relation to each block or can one enfranchisement application be made covering all four blocks and the communal grounds and parking spaces?
Q&As

There are two tenants on a commercial property lease and one has died. How does the deceased tenant's interest in the lease pass as a result of their death (ie by survivorship, under their Will or intestacy, under the terms of the lease or something else)?
There are two tenants on a commercial property lease and one has died. How does the deceased tenant's interest in the lease pass as a result of their death (ie by survivorship, under their Will or intestacy, under the terms of the lease or something else)?
Q&As

Three individuals own a property jointly. Two of them are the members of a local sports club (an unincorporated association). The third individual is a former member. There is a Form A restriction on the Proprietorship Register. If the unincorporated association wishes to grant a lease or transfer the property, do all three individuals have to execute the lease or transfer or could the two current members execute on behalf of the association? Could the rules of the association assist?
Three individuals own a property jointly. Two of them are the members of a local sports club (an unincorporated association). The third individual is a former member. There is a Form A restriction on the Proprietorship Register. If the unincorporated association wishes to grant a lease or transfer the property, do all three individuals have to execute the lease or transfer or could the two current members execute on behalf of the association? Could the rules of the association assist?
Q&As

Three tenants are to collectively enfranchise. It has been agreed that the tenant with the largest flat will have a 50% share in the nominee purchaser. Can the nominee purchaser be a company limited by shares, or must it be limited by guarantee?
Three tenants are to collectively enfranchise. It has been agreed that the tenant with the largest flat will have a 50% share in the nominee purchaser. Can the nominee purchaser be a company limited by shares, or must it be limited by guarantee?
Q&As

To what extent can an arbitrator under the Commercial Rent (Coronavirus) Act 2022 take into account the possibility of a forthcoming change in the law when reaching a decision? Must they reach a decision on questions of law on the basis of precedent as it stands at the date of determination? If so, could they nevertheless use case management powers to, for example, extend deadlines to allow time for an anticipated decision to be handed down before making an award?
To what extent can an arbitrator under the Commercial Rent (Coronavirus) Act 2022 take into account the possibility of a forthcoming change in the law when reaching a decision? Must they reach a decision on questions of law on the basis of precedent as it stands at the date of determination? If so, could they nevertheless use case management powers to, for example, extend deadlines to allow time for an anticipated decision to be handed down before making an award?
Q&As

To what extent can witness evidence in financial remedy proceedings, comprising witness statements, be shared with experts, other witnesses to the proceedings and other witnesses who are not parties to the proceedings?
To what extent can witness evidence in financial remedy proceedings, comprising witness statements, be shared with experts, other witnesses to the proceedings and other witnesses who are not parties to the proceedings?
Q&As

To what extent will the court take into account the respondent’s substantial capital resources when considering an application for maintenance pending suit in circumstances where both parties’ incomes are relatively modest?
To what extent will the court take into account the respondent’s substantial capital resources when considering an application for maintenance pending suit in circumstances where both parties’ incomes are relatively modest?
Q&As

Trustees are holding funds on trust for beneficiaries subject to the latter attaining the age of 25. The beneficiaries are all over 18. Section 31 of the Trustee Act 1925 applies to the trust. How is the income of the trust taxed in the hands of the trustees and when distributed to the beneficiaries?
Trustees are holding funds on trust for beneficiaries subject to the latter attaining the age of 25. The beneficiaries are all over 18. Section 31 of the Trustee Act 1925 applies to the trust. How is the income of the trust taxed in the hands of the trustees and when distributed to the beneficiaries?
Q&As

Two individuals hold a property as tenants in common. The TR1 states that the parties own the property as tenants in common in unequal shares subject to a declaration of trust. The terms of the declaration of trust were never agreed upon and this document was never signed. Can the parties rely on their subsequent contributions and improvements to the property to quantify their beneficial interest under the terms of a constructive trust?
Two individuals hold a property as tenants in common. The TR1 states that the parties own the property as tenants in common in unequal shares subject to a declaration of trust. The terms of the declaration of trust were never agreed upon and this document was never signed. Can the parties rely on their subsequent contributions and improvements to the property to quantify their beneficial interest under the terms of a constructive trust?
Q&As

First 51 52 53 54 55 56 Last

If you expected to see yourself on this page, click here.