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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

What is the limitation period for a compensation claim under section 82 of the New Roads and Streetworks Act, and specifically when does time start to run? Is it, for example, the date that the apparatus was damaged, or the date of discovery of the damage?
What is the limitation period for a compensation claim under section 82 of the New Roads and Streetworks Act, and specifically when does time start to run? Is it, for example, the date that the apparatus was damaged, or the date of discovery of the damage?
Q&As

What is the maximum number of named tenants that can be included on a commercial lease which does not need to be registered at HM Land Registry?
What is the maximum number of named tenants that can be included on a commercial lease which does not need to be registered at HM Land Registry?
Q&As

What is the nature of a lodger's continued occupation in a property, following the death of a resident landlord? Does the exclusion in paragraph 10, Schedule 1 to the Housing Act 1988 fall away on the landlord's death so the occupation could be pursuant to an assured tenancy? Would the lodger be 'excluded' under the Protection from Eviction Act 1977?
What is the nature of a lodger's continued occupation in a property, following the death of a resident landlord? Does the exclusion in paragraph 10, Schedule 1 to the Housing Act 1988 fall away on the landlord's death so the occupation could be pursuant to an assured tenancy? Would the lodger be 'excluded' under the Protection from Eviction Act 1977?
Q&As

What is the position if a lease is granted by a joint tenant (A) without permission of the other (B) (the joint tenants own the beneficial interest as joint tenants)? Can B bring possession proceedings against the tenant?
What is the position if a lease is granted by a joint tenant (A) without permission of the other (B) (the joint tenants own the beneficial interest as joint tenants)? Can B bring possession proceedings against the tenant?
Q&As

What is the position in a conveyancing transaction if it is not possible to complete because of coronavirus (COVID-19)?
What is the position in a conveyancing transaction if it is not possible to complete because of coronavirus (COVID-19)?
Q&As

What is the position where: the person who wants to buy the freehold is one of the qualifying tenants and it is because of them that the section 5A offer notice was sent in the first place?; if the landlord only receives one response (and two would be required under the Landlord and Tenant Act 1987), does the proposed 'buyer' count as the second response as they are a qualifying tenant, and therefore has to act with the other qualifying tenant if they are to acquire the freehold?
What is the position where: the person who wants to buy the freehold is one of the qualifying tenants and it is because of them that the section 5A offer notice was sent in the first place?; if the landlord only receives one response (and two would be required under the Landlord and Tenant Act 1987), does the proposed 'buyer' count as the second response as they are a qualifying tenant, and therefore has to act with the other qualifying tenant if they are to acquire the freehold?
Q&As

What is the practical procedure for mortgagees obtaining possession following arrears, where: a) property is residential and b) property is commercial?
What is the practical procedure for mortgagees obtaining possession following arrears, where: a) property is residential and b) property is commercial?
Q&As

What is the procedure for a child aged 16 to change their name? Does the change of name deed have to be completed by a parent with the consent of all those with parental responsibility or is the child able to complete the change of name deed? If consent is required from everyone with parental responsibility and one parent will not consent can an application be made to court, notwithstanding that the child is 16, and if so what application should be made? Would the circumstances be considered exceptional pursuant to section 9 of the Children Act 1989?
What is the procedure for a child aged 16 to change their name? Does the change of name deed have to be completed by a parent with the consent of all those with parental responsibility or is the child able to complete the change of name deed? If consent is required from everyone with parental responsibility and one parent will not consent can an application be made to court, notwithstanding that the child is 16, and if so what application should be made? Would the circumstances be considered exceptional pursuant to section 9 of the Children Act 1989?
Q&As

What is the procedure for an applicant for a non-molestation and occupation order to withdraw their application?
What is the procedure for an applicant for a non-molestation and occupation order to withdraw their application?
Q&As

What is the procedure for applying for reconsideration of an employment tribunal judgment that was issued under rule 21 because the respondent failed to lodge an ET3? In particular, is there any case law or procedure dealing with a situation where the 14-day deadline from when the judgment was sent has already expired?
What is the procedure for applying for reconsideration of an employment tribunal judgment that was issued under rule 21 because the respondent failed to lodge an ET3? In particular, is there any case law or procedure dealing with a situation where the 14-day deadline from when the judgment was sent has already expired?
Q&As

What is the procedure for coming off the record? Does it require the client’s consent and/or co-operation for a solicitor to come off the court record?
What is the procedure for coming off the record? Does it require the client’s consent and/or co-operation for a solicitor to come off the court record?
Q&As

What is the procedure to amend a deed (a debenture in this example), with the amendment being minor in nature not extending or restricting the nature and extent of the charge (so including the title number of a property which has already been described in the debenture), which has already been registered at Companies House but has not yet been registered at Land Registry?
What is the procedure to amend a deed (a debenture in this example), with the amendment being minor in nature not extending or restricting the nature and extent of the charge (so including the title number of a property which has already been described in the debenture), which has already been registered at Companies House but has not yet been registered at Land Registry?
Q&As

What is the procedure to discharge an undertaking attached to a non-molestation order made under Part IV of the Family Law Act 1996? Should the application be made on Form FL403, if not, what is the correct form?
What is the procedure to discharge an undertaking attached to a non-molestation order made under Part IV of the Family Law Act 1996? Should the application be made on Form FL403, if not, what is the correct form?
Q&As

What is the procedure to enforce a penal notice attached to an order as to the filing of a Form E?
What is the procedure to enforce a penal notice attached to an order as to the filing of a Form E?
Q&As

What is the procedure where there is a dispute as to jurisdiction within divorce proceedings where it is alleged that proceedings have been commenced in both a non-EU country and England and Wales? If the application is for the proceedings in the non-EU country to be stayed, in which jurisdiction should the application be issued?
What is the procedure where there is a dispute as to jurisdiction within divorce proceedings where it is alleged that proceedings have been commenced in both a non-EU country and England and Wales? If the application is for the proceedings in the non-EU country to be stayed, in which jurisdiction should the application be issued?
Q&As

What is the process for claiming costs in relation to an application made under s 117, Senior Courts Act 1981, in particular, if the recovery of costs are not specified within the Order itself?
What is the process for claiming costs in relation to an application made under s 117, Senior Courts Act 1981, in particular, if the recovery of costs are not specified within the Order itself?
Q&As

What is the sanction in the First-tier Tribunal (Property Chamber) for failure to exchange an expert report by the date ordered? Will it preclude any further evidence or argument from the defaulting party on the issue?
What is the sanction in the First-tier Tribunal (Property Chamber) for failure to exchange an expert report by the date ordered? Will it preclude any further evidence or argument from the defaulting party on the issue?
Q&As

What is the selective licensing regime and how does it operate?
What is the selective licensing regime and how does it operate?
Q&As

What is the status of an Operator who has remained in occupation following the expiry of an agreement under the previous Electronic Communications Code (prior to the new Code coming into force) and which was excluded from the security of tenure provisions of the Landlord and Tenant Act 1954? Should the Operator continue to pay rent based on the terms of the agreement?
What is the status of an Operator who has remained in occupation following the expiry of an agreement under the previous Electronic Communications Code (prior to the new Code coming into force) and which was excluded from the security of tenure provisions of the Landlord and Tenant Act 1954? Should the Operator continue to pay rent based on the terms of the agreement?
Q&As

What is the time limit for first registration of a lease and what are the consequences if the deadline is missed?
What is the time limit for first registration of a lease and what are the consequences if the deadline is missed?
Q&As

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