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4 King’s Bench Walk
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Corporate Crime
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Chris Bryden
Barrister
4 King’s Bench Walk
Katherine Illsley
4 King’s Bench Walk
Victoria Adams
Barrister
4 King’s Bench Walk
Contributions by 4 King’s Bench Walk Experts
1514
What issues should be considered by a tenant when taking a lease of a property which is subject to an historic rentcharge? In particular, are there any circumstances in which the tenant might become liable for the rentcharge or might be vulnerable to forfeiture for non-payment of the rentcharge?
Q&As
Property Disputes
What legal powers exist in relation to a Welsh local authority awarding funding to a project outside of its geographical area? Are there any legal restrictions on the award of funding by a Welsh local authority to a project based in another authority's geographical area?
Q&As
Planning
What notice would be required to be given to the owner of a static caravan, on a caravan site, where there is no formal agreement? Would the site manager have to give a reason for not renewing the caravan licence?
Q&As
Property Disputes
What obligations does a tenant owe to a guarantor? Is there a general duty of care so as not to recklessly breach the terms of the lease so as to cause the guarantor loss? If the tenant is a limited company, could a guarantor bring a claim against the directors?
Q&As
Property
What options are available to a life tenant of a Will trust within the two years following the testator's death where they wish to end their life interest and accelerate the remainder interests?
Q&As
Private Client
What options are available to a local council looking to re-claim possession of a property after its business tenant has been struck off the companies register, leaving a subtenancy that was granted in breach of covenant?
Q&As
Property Disputes
What options does a judgment creditor with the benefit of a final charging order have (if any) to set aside/challenge a variation of the debtor’s beneficial interest in a jointly-owned property? The debtor’s beneficial interest was reduced by varying the terms of the trust from a 50/50 share to zero five years previously.
Q&As
Property Disputes
What powers does a local authority have to make an assessment of the landlord’s assets and income, in respect of a civil penalty under the Housing and Planning Act 2016?
Q&As
Local Government
What powers does the court have to determine the sale price of a matrimonial home between FDA and FDR where no orders have yet been made and the parties disagree over the sale price of the property which is occupied by the wife and in the sole name of the husband and in respect of which possession proceedings are imminent? If an application is possible what is the procedure and what is the position in relation to costs?
Q&As
Family
What powers does the Environment Agency have to enter and compulsorily acquire land for the purposes of carrying out sea defence/flood protection works?
Q&As
Planning
What procedural steps should a landlord take where a tenant has lost security of tenure under the Landlord and Tenant Act 1954 but regardless applies to the court for a new tenancy?
Q&As
Property Disputes
What process should be followed to obtain a charge on a debtor's unregistered property, or in the alternative, to impose some other means of preventing a sale?
Q&As
Property Disputes
What protection does a registered interim charging order offer a judgment creditor in the event of the sale of the relevant property? Is the judgment debt recoverable against the property in the event of sale?
Q&As
Property
What remedies are available to the local authority where a former tenant who purchased under the Right to Buy has sold the property in breach of the Housing (Right of First Refusal) (England) Regulations 2005 by completing a sale of the property over 12 months after the local authority had served a rejection notice?
Q&As
Local Government
What specific steps should a charity take in terms of due diligence to ensure that a legacy left to them by an individual is legitimate and that the solicitors administering the estate deal with matters properly and efficiently?
Q&As
Private Client
What steps can a paying parent take to enforce provision contained in a consent order for the claw-back of payments of statutory child support made via the Child Maintenance Service against the recipient parent?
Q&As
Family
What steps can be taken when personal service of a subpeona for the production of a Will or testamentary document cannot be performed or is not accepted?
Q&As
Private Client
What steps can I take if I am unable to serve a claim form in time due to coronavirus (COVID-19) affecting the postal service?
Q&As
Dispute Resolution
What steps must a landlord take when they require a tenant to vacate at the end of the statutory term where the tenant has not applied for an extension of the statutory period and the landlord has serve a section 25 not opposing lease renewal?
Q&As
Property
What steps should be taken where a parent with parental responsibility lacks capacity to issue proceedings for a child arrangements order as to contact? If no parent with parental responsibility is able to take care of the child, what steps may be taken by other family members in a private children context in relation to the arrangements for the child?
Q&As
Family
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