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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

When completing a Claim Notice for the purposes of section 79 of the Commonhold and Leasehold Reform Act 2002, where joint leaseholders are both members of the RTM company should both names be given or just the name of the lead leaseholder (given that they are only able to cast one vote between them/have to act together to participate in the RTM?
When completing a Claim Notice for the purposes of section 79 of the Commonhold and Leasehold Reform Act 2002, where joint leaseholders are both members of the RTM company should both names be given or just the name of the lead leaseholder (given that they are only able to cast one vote between them/have to act together to participate in the RTM?
Q&As

When completing an asset purchase on a business, and the sellers lease on the business premises has expired but he is holding over, can the seller sublet the premises to the buyer whilst holding over to protect the tenancy? What impact will a potential dilapidation claim against the seller have on the situation?
When completing an asset purchase on a business, and the sellers lease on the business premises has expired but he is holding over, can the seller sublet the premises to the buyer whilst holding over to protect the tenancy? What impact will a potential dilapidation claim against the seller have on the situation?
Q&As

When completing the IHT400 forms for an estate, how do the personal representatives make a claim for exemption under IHTA 1984, s 11(3) (a disposition is not a transfer of value if it is made in favour of a dependent relative of the person making the disposition and is a reasonable provision for his care or maintenance)?
When completing the IHT400 forms for an estate, how do the personal representatives make a claim for exemption under IHTA 1984, s 11(3) (a disposition is not a transfer of value if it is made in favour of a dependent relative of the person making the disposition and is a reasonable provision for his care or maintenance)?
Q&As

When conducting a child maintenance calculation, will the child maintenance service take into account unearned income such as rental income?
When conducting a child maintenance calculation, will the child maintenance service take into account unearned income such as rental income?
Q&As

When dealing with an unregistered Agricultural Holdings Act tenancy. Upon the death of any of the tenants, is their interest assignable/pass to their beneficiaries or does their interest end on their death?
When dealing with an unregistered Agricultural Holdings Act tenancy. Upon the death of any of the tenants, is their interest assignable/pass to their beneficiaries or does their interest end on their death?
Q&As

When dealing with consent issues post-Montgomery, are the characteristics of the patient taken into account? For example, if the patient is a doctor (albeit in a different specialism), could he/she be found to have knowledge of the risks over and above what the treating practitioner may have warned of?
When dealing with consent issues post-Montgomery, are the characteristics of the patient taken into account? For example, if the patient is a doctor (albeit in a different specialism), could he/she be found to have knowledge of the risks over and above what the treating practitioner may have warned of?
Q&As

When determining whether an employee is ‘assigned to the organised grouping of resources or employees that is subject to the relevant transfer’ for the purposes of the automatic transfer provisions in TUPE 2006 a tribunal will look at, among other things, the amount of time spent working at the part of the business. Where an employee is employed by a holding company but in practice works for various group companies and the nature of the employment is such that the time the employee spends working for each group company fluctuates on an ad hoc basis, how would a tribunal assess the percentage of time spent working in the business that transfers?
When determining whether an employee is ‘assigned to the organised grouping of resources or employees that is subject to the relevant transfer’ for the purposes of the automatic transfer provisions in TUPE 2006 a tribunal will look at, among other things, the amount of time spent working at the part of the business. Where an employee is employed by a holding company but in practice works for various group companies and the nature of the employment is such that the time the employee spends working for each group company fluctuates on an ad hoc basis, how would a tribunal assess the percentage of time spent working in the business that transfers?
Q&As

When does the 18 days period run from to make an application to set aside a statutory demand and does this period include only business days?
When does the 18 days period run from to make an application to set aside a statutory demand and does this period include only business days?
Q&As

When drafting a contractual licence to occupy, is there any legal issue or risk for either party if the licence period: is expressed to start in the future (say a few days after completion of the licence), or has already expired and the licence is completed to regularise the period of use?
When drafting a contractual licence to occupy, is there any legal issue or risk for either party if the licence period: is expressed to start in the future (say a few days after completion of the licence), or has already expired and the licence is completed to regularise the period of use?
Q&As

When drafting an order for a lump sum by instalments/a sum paid by a number of individual payments, to avoid it being variable how should that be expressed? What aspects of a lump sum paid by instalments are variable? Can a lump sum paid by instalments be varied as to timing and the manner by which it is paid but not as to quantum?
When drafting an order for a lump sum by instalments/a sum paid by a number of individual payments, to avoid it being variable how should that be expressed? What aspects of a lump sum paid by instalments are variable? Can a lump sum paid by instalments be varied as to timing and the manner by which it is paid but not as to quantum?
Q&As

When drafting an Ordinary Power of Attorney specifically in relation to operation of a donor’s business, do the general powers under section 10 of the Powers of Attorney Act 1971 cover any type of decision to be made about the business (eg employment of staff or dealing with the lease of the business premises) or should these be included as separate clauses?
When drafting an Ordinary Power of Attorney specifically in relation to operation of a donor’s business, do the general powers under section 10 of the Powers of Attorney Act 1971 cover any type of decision to be made about the business (eg employment of staff or dealing with the lease of the business premises) or should these be included as separate clauses?
Q&As

When entering into a reversionary lease, is it the completion date or commencement date which is relevant in respect of publishing an EPC? The current EPC expires after the completion date, however one month before the term commencement date.
When entering into a reversionary lease, is it the completion date or commencement date which is relevant in respect of publishing an EPC? The current EPC expires after the completion date, however one month before the term commencement date.
Q&As

When entering into a separation agreement, can the parties only agree to apply in due course for a pension sharing order within divorce proceedings, or can any additional steps be taken in relation to pension assets at that stage? If no further steps can be taken, how should a future pension sharing order be dealt with in the separation agreement?
When entering into a separation agreement, can the parties only agree to apply in due course for a pension sharing order within divorce proceedings, or can any additional steps be taken in relation to pension assets at that stage? If no further steps can be taken, how should a future pension sharing order be dealt with in the separation agreement?
Q&As

When extending a lease of a residential flat in a building where the ground floor comprises a commercial shop and there are no other flats within the building, is there a right to collectively enfranchise, or any other enfranchisement issues to be aware of?
When extending a lease of a residential flat in a building where the ground floor comprises a commercial shop and there are no other flats within the building, is there a right to collectively enfranchise, or any other enfranchisement issues to be aware of?
Q&As

When filing without prejudice letters for the financial dispute resolution hearing, are these limited to offers made after the proceedings were issued, or do all without prejudice letters need to be included, whether made before or after court proceedings are commenced?
When filing without prejudice letters for the financial dispute resolution hearing, are these limited to offers made after the proceedings were issued, or do all without prejudice letters need to be included, whether made before or after court proceedings are commenced?
Q&As

When is it necessary to carry out a pre-completion insolvency or bankruptcy search against a seller of property? If the seller is insolvent or bankrupt, what effect will that have on the contract which has been exchanged and on certification of good title to the buyer’s lender? If no search is carried out, does the buyer at arms-length get good title?
When is it necessary to carry out a pre-completion insolvency or bankruptcy search against a seller of property? If the seller is insolvent or bankrupt, what effect will that have on the contract which has been exchanged and on certification of good title to the buyer’s lender? If no search is carried out, does the buyer at arms-length get good title?
Q&As

When issuing a claim form in a personal injury claim, if the defendant company has changed its registered name with Companies House since the accident, how should the defendant be identified on the claim form?
When issuing a claim form in a personal injury claim, if the defendant company has changed its registered name with Companies House since the accident, how should the defendant be identified on the claim form?
Q&As

When making an application for a Norwich Pharmacal order under Part 8, what do I need to serve with the claim form? Do I need to make an application as well or will the application be dealt with as a Part 8 hearing?
When making an application for a Norwich Pharmacal order under Part 8, what do I need to serve with the claim form? Do I need to make an application as well or will the application be dealt with as a Part 8 hearing?
Q&As

When notifying the court of the petitioner's intention to withdraw a judicial separation petition which has not been served on the respondent, what must be filed with the court apart from the notice of withdrawal?
When notifying the court of the petitioner's intention to withdraw a judicial separation petition which has not been served on the respondent, what must be filed with the court apart from the notice of withdrawal?
Q&As

When preparing a bundle for a directions hearing in respect of an application to enforce a child arrangements order, is it necessary to include all the documents from the most recent set of proceedings, including witness statements and any reports under section 7 of the Children Act 1989?
When preparing a bundle for a directions hearing in respect of an application to enforce a child arrangements order, is it necessary to include all the documents from the most recent set of proceedings, including witness statements and any reports under section 7 of the Children Act 1989?
Q&As

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