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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 steps/action could the buyer of a property take in order to register their property if the approved estate layout does not match the layout at HM land registry?
What steps/action could the buyer of a property take in order to register their property if the approved estate layout does not match the layout at HM land registry?
Q&As

What type of costs schedule should be filed before a fast track trial in a public liability (PL) portal claim where the fixed costs entitlement exceeds the actual costs which have been incurred on the file? Can the schedule just outline the fixed costs entitlement or should it outline details of the actual costs incurred?
What type of costs schedule should be filed before a fast track trial in a public liability (PL) portal claim where the fixed costs entitlement exceeds the actual costs which have been incurred on the file? Can the schedule just outline the fixed costs entitlement or should it outline details of the actual costs incurred?
Q&As

What was the effect of the Trusts of Land and Appointment of Trustees Act 1996 on trusts for sale?
What was the effect of the Trusts of Land and Appointment of Trustees Act 1996 on trusts for sale?
Q&As

What would the process be for making changes to TROs to allow for first responders to use bus lanes?
What would the process be for making changes to TROs to allow for first responders to use bus lanes?
Q&As

What's the legal procedure for claiming beneficial interest? In a scenario where a property is jointly owned by two individuals as joint tenants, but only one covers the mortgage, are there alternative legal avenues aside from beneficial interest? How can the contributing party claim a stake exceeding 50% if they solely finance the property?
What's the legal procedure for claiming beneficial interest? In a scenario where a property is jointly owned by two individuals as joint tenants, but only one covers the mortgage, are there alternative legal avenues aside from beneficial interest? How can the contributing party claim a stake exceeding 50% if they solely finance the property?
Q&As

When a council in Wales sends an order for recovery from the traffic court to external enforcement agents would they be classed as the councils agents under the law of agency?
When a council in Wales sends an order for recovery from the traffic court to external enforcement agents would they be classed as the councils agents under the law of agency?
Q&As

When a flexible tenancy comes to the end of its five year fixed term and the landlord wants to grant a new flexible tenancy but at a different, smaller property, is a notice of intention not to grant a flexible tenancy under section 107(d) of the Housing Act 1985 still required?
When a flexible tenancy comes to the end of its five year fixed term and the landlord wants to grant a new flexible tenancy but at a different, smaller property, is a notice of intention not to grant a flexible tenancy under section 107(d) of the Housing Act 1985 still required?
Q&As

When a landlord has obtained an EWS1 form for a building (even though it is under 18 m in height and therefore not legally required) yet has been given a B2 rating indicating works are required, could the landlord be held liable in negligence if they do not carry out the work?
When a landlord has obtained an EWS1 form for a building (even though it is under 18 m in height and therefore not legally required) yet has been given a B2 rating indicating works are required, could the landlord be held liable in negligence if they do not carry out the work?
Q&As

When a landlord serves a counter-notice pursuant to section 45 of the Leasehold Reform, Housing and Urban Development Act 1993, admitting the tenant’s claim to the new lease, is it necessary to attach a copy of the proposed draft lease to the notice? If the landlord does attach a copy of the draft lease, does that preclude it from departing from those terms later on?
When a landlord serves a counter-notice pursuant to section 45 of the Leasehold Reform, Housing and Urban Development Act 1993, admitting the tenant’s claim to the new lease, is it necessary to attach a copy of the proposed draft lease to the notice? If the landlord does attach a copy of the draft lease, does that preclude it from departing from those terms later on?
Q&As

When a lease is forfeited and the legal interest of the legal owner is determined, is the beneficial interest of the beneficial owner also automatically determined? Is it sufficient to forfeit against the legal owner or must the landlord also forfeit against the beneficial owner?
When a lease is forfeited and the legal interest of the legal owner is determined, is the beneficial interest of the beneficial owner also automatically determined? Is it sufficient to forfeit against the legal owner or must the landlord also forfeit against the beneficial owner?
Q&As

When a section 25 notice has been served by a landlord relying on a ground set out in section 30(1) of the Landlord and Tenant Act 1954, does a tenant apply for a new lease using the CPR 7 procedure, as modified by CPR Part 56 and CPR PD 56?
When a section 25 notice has been served by a landlord relying on a ground set out in section 30(1) of the Landlord and Tenant Act 1954, does a tenant apply for a new lease using the CPR 7 procedure, as modified by CPR Part 56 and CPR PD 56?
Q&As

When a tenant submits a notice of claim to acquire the freehold under the LRA 1967, are there any time limits within the Act for when the acquisition of the freehold must be completed?
When a tenant submits a notice of claim to acquire the freehold under the LRA 1967, are there any time limits within the Act for when the acquisition of the freehold must be completed?
Q&As

When a tenant vandalises and damages the fire alarm, subsequently failing to pay for the repairs, which Pre-Action Protocol is appropriate to follow: the Pre-Action Protocol for Debt Claims or the Practice Direction Pre-Action Conduct and Protocols?
When a tenant vandalises and damages the fire alarm, subsequently failing to pay for the repairs, which Pre-Action Protocol is appropriate to follow: the Pre-Action Protocol for Debt Claims or the Practice Direction Pre-Action Conduct and Protocols?
Q&As

When applying for a vacating court order to remove a historical charge against a property, is a normal application on Form N245 required or is it necessary to make a claim on Form N1 (under CPR Part 7) or a claim under CPR Part 8?
When applying for a vacating court order to remove a historical charge against a property, is a normal application on Form N245 required or is it necessary to make a claim on Form N1 (under CPR Part 7) or a claim under CPR Part 8?
Q&As

When applying to replace an old form City of London Corporation (CLC) 'charter streets' licence for underground projections, under the relevant provisions of the Highways Act 1980, is there any legal authority or known practice CLC that provides useful assistance for that process?
When applying to replace an old form City of London Corporation (CLC) 'charter streets' licence for underground projections, under the relevant provisions of the Highways Act 1980, is there any legal authority or known practice CLC that provides useful assistance for that process?
Q&As

When both landlord and tenant have agreed an immediate surrender (ie not an agreement to surrender), the fixed term tenancy has expired and the Landlord and Tenant Act 1954 was excluded from the original lease, can a deed of surrender be entered into? Further, what type of occupation would the tenant have?
When both landlord and tenant have agreed an immediate surrender (ie not an agreement to surrender), the fixed term tenancy has expired and the Landlord and Tenant Act 1954 was excluded from the original lease, can a deed of surrender be entered into? Further, what type of occupation would the tenant have?
Q&As

When calculating a maintenance assessment, will the Child Maintenance Service take into account payments made by the non-resident parent in relation to the mortgage on the family home?
When calculating a maintenance assessment, will the Child Maintenance Service take into account payments made by the non-resident parent in relation to the mortgage on the family home?
Q&As

When can the doctrine of subrogation apply in the context of a general commercial agreement (ie outside the context of insurance)?
When can the doctrine of subrogation apply in the context of a general commercial agreement (ie outside the context of insurance)?
Q&As

When can you recover loss of profits for reputational harm? If you can recover loss of profits for reputational harm, how does the court calculate loss of profits, ie is there a specific methodology involved?
When can you recover loss of profits for reputational harm? If you can recover loss of profits for reputational harm, how does the court calculate loss of profits, ie is there a specific methodology involved?
Q&As

When claiming a right to light by prescription, do you need to prove that the freeholder of the servient land had actual or imputed knowledge of the use?
When claiming a right to light by prescription, do you need to prove that the freeholder of the servient land had actual or imputed knowledge of the use?
Q&As

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