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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

We have become aware of an earlier date of negligence since a post-2013 conditional fee agreement (CFA) was entered into. Can we amend the CFA by showing the revision and then signing with the client countersigning? Is it necessary to amend the scope of the CFA if the wording used was accurate at the point of the initial instruction or is this something that should be under review continually? Finally, under the case of Frade v Radford, a CFA can be amended up to the point a costs order is made. Is this an order at trial/detailed assessment and not consent?
We have become aware of an earlier date of negligence since a post-2013 conditional fee agreement (CFA) was entered into. Can we amend the CFA by showing the revision and then signing with the client countersigning? Is it necessary to amend the scope of the CFA if the wording used was accurate at the point of the initial instruction or is this something that should be under review continually? Finally, under the case of Frade v Radford, a CFA can be amended up to the point a costs order is made. Is this an order at trial/detailed assessment and not consent?
Q&As

We have received an interim payment of costs from the other party. Can it be used to clear an unpaid invoice or do we have to wait until the final determination of costs?
We have received an interim payment of costs from the other party. Can it be used to clear an unpaid invoice or do we have to wait until the final determination of costs?
Q&As

We need to serve a section 42 notice seeking a lease extension on a superior landlord and due to time constraints we cannot serve a section 41 information notice on the immediate landlord. We have information that the freeholders' addresses may have changed but do not know what those addresses are. Can we use the HM Land Registry addresses to effect service of the section 42 notice?
We need to serve a section 42 notice seeking a lease extension on a superior landlord and due to time constraints we cannot serve a section 41 information notice on the immediate landlord. We have information that the freeholders' addresses may have changed but do not know what those addresses are. Can we use the HM Land Registry addresses to effect service of the section 42 notice?
Q&As

What action can a creditor take against a non-cooperative executor to satisfy a judgment debt obtained against the estate?
What action can a creditor take against a non-cooperative executor to satisfy a judgment debt obtained against the estate?
Q&As

What advice may be given to a non-resident parent where a contact order is in place when their child has to isolate but is not suffering from coronavirus (COVID-19)? Should the child visit the non-resident parent as per the child arrangements order, or would this defeat the object of the isolation?
What advice may be given to a non-resident parent where a contact order is in place when their child has to isolate but is not suffering from coronavirus (COVID-19)? Should the child visit the non-resident parent as per the child arrangements order, or would this defeat the object of the isolation?
Q&As

What applicable law rules do the courts of England and Wales use to determine the applicable law for a tortious act that occurred in Denmark?
What applicable law rules do the courts of England and Wales use to determine the applicable law for a tortious act that occurred in Denmark?
Q&As

What are local authority’s obligations to continue to maintain an electively home educated (EHE) plan for an EHE child with special educational needs post-16?
What are local authority’s obligations to continue to maintain an electively home educated (EHE) plan for an EHE child with special educational needs post-16?
Q&As

What are the costs implications when an applicant seeks permission to withdraw applications for contact and parental responsibility two weeks before the final hearing? Would the wealth of the applicant have any impact on the court’s decision?
What are the costs implications when an applicant seeks permission to withdraw applications for contact and parental responsibility two weeks before the final hearing? Would the wealth of the applicant have any impact on the court’s decision?
Q&As

What are the HM Land Registry requirements where the tenant has lost the original lease executed by the landlord?
What are the HM Land Registry requirements where the tenant has lost the original lease executed by the landlord?
Q&As

What are the implications for a landlord when its tenant is struck off the Companies Register and dissolved, but the tenant company was unaware and continued to occupy the property? Can the landlord apply to restore the tenant company?
What are the implications for a landlord when its tenant is struck off the Companies Register and dissolved, but the tenant company was unaware and continued to occupy the property? Can the landlord apply to restore the tenant company?
Q&As

What are the implications of referring to either the gross or net value of the former matrimonial home in a consent order providing for the matrimonial home to be transferred to the wife subject to a charge in favour of the husband exercisable on the happening of certain trigger events under a Mesher order?
What are the implications of referring to either the gross or net value of the former matrimonial home in a consent order providing for the matrimonial home to be transferred to the wife subject to a charge in favour of the husband exercisable on the happening of certain trigger events under a Mesher order?
Q&As

What are the implications of the death of a tenant of an implied periodic tenancy? What are the implications if the implied periodic tenancy was one to which the Landlord and Tenant Act 1954 (LTA 1954) applied? Will the new tenant (whether it is the personal representative of the deceased tenant) retain a LTA 1954 protected tenancy providing that it continues to occupy the property for the purpose of a business carried on by it?
What are the implications of the death of a tenant of an implied periodic tenancy? What are the implications if the implied periodic tenancy was one to which the Landlord and Tenant Act 1954 (LTA 1954) applied? Will the new tenant (whether it is the personal representative of the deceased tenant) retain a LTA 1954 protected tenancy providing that it continues to occupy the property for the purpose of a business carried on by it?
Q&As

What are the implications where a solicitor has signed a financial statement in Form E on their client’s behalf and that Form E is subsequently been found to contain material omissions in respect of the party's income and assets?
What are the implications where a solicitor has signed a financial statement in Form E on their client’s behalf and that Form E is subsequently been found to contain material omissions in respect of the party's income and assets?
Q&As

What are the key differences between a claim under section 17 of the Married Women's Property Act 1882 and section 14 of the Trusts of Land and Appointment of Trustees Act 1996, other than the nature of relationship between the parties?
What are the key differences between a claim under section 17 of the Married Women's Property Act 1882 and section 14 of the Trusts of Land and Appointment of Trustees Act 1996, other than the nature of relationship between the parties?
Q&As

What are the methods of terminating a joint tenancy during a fixed AST term, where one tenant departs due to domestic abuse and one tenant wishes to remain at the Property?
What are the methods of terminating a joint tenancy during a fixed AST term, where one tenant departs due to domestic abuse and one tenant wishes to remain at the Property?
Q&As

What are the practical mechanisms to enforce a financial penalty (as introduced by Schedule 9 to the Housing and Planning Act 2016) for a relevant housing offence such as an offence in relation to licensing of the housing in multiple occupations?
What are the practical mechanisms to enforce a financial penalty (as introduced by Schedule 9 to the Housing and Planning Act 2016) for a relevant housing offence such as an offence in relation to licensing of the housing in multiple occupations?
Q&As

What are the practical steps that can be taken by A’s executor or by another beneficiary to prevent a sale of the property at an undervalue?
What are the practical steps that can be taken by A’s executor or by another beneficiary to prevent a sale of the property at an undervalue?
Q&As

What are the regulatory requirements for changing the name of a school?
What are the regulatory requirements for changing the name of a school?
Q&As

What are the rules governing the establishment and administration of a trust for a minor arising out of an intestacy?
What are the rules governing the establishment and administration of a trust for a minor arising out of an intestacy?
Q&As

What are the rules governing whether disclosure made in financial remedy proceedings, such as bank statements, can be passed to the police? Does it make a difference if the documents are evidence as part of a police investigation?
What are the rules governing whether disclosure made in financial remedy proceedings, such as bank statements, can be passed to the police? Does it make a difference if the documents are evidence as part of a police investigation?
Q&As

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