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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 serving a section 25 Landlord and Tenant Act 1954 notice on a tenant charitable trust, is it sufficient to address the notice to 'the Trustees of [name of charity]' or must the individual trustees be named and/or each served with a separate notice?
When serving a section 25 Landlord and Tenant Act 1954 notice on a tenant charitable trust, is it sufficient to address the notice to 'the Trustees of [name of charity]' or must the individual trustees be named and/or each served with a separate notice?
Q&As

When submitting an ET3 response, is the respondent required to copy the claimant into the email, or is it sufficient to submit the ET3 response to the employment tribunal (ie does rule 92 apply in relation to submission of ET3)?
When submitting an ET3 response, is the respondent required to copy the claimant into the email, or is it sufficient to submit the ET3 response to the employment tribunal (ie does rule 92 apply in relation to submission of ET3)?
Q&As

When suing a prisoner, is the governor's permission needed to issue the claim? On the claim form, should the name of the defendant and the prison address be filled in?
When suing a prisoner, is the governor's permission needed to issue the claim? On the claim form, should the name of the defendant and the prison address be filled in?
Q&As

When the tenants in a block of flats exercise their right to collectively enfranchise, can they remove a management company which is a party to the leases?
When the tenants in a block of flats exercise their right to collectively enfranchise, can they remove a management company which is a party to the leases?
Q&As

When the user clause in a lease permits a specific use and use for all purposes reasonably ancillary thereto, how is such ancillary use assessed? If a lease permits use as a golf club on a golf course and for all purposes reasonably ancillary thereto, could such ancillary use include use of part as: a restaurant; or a takeaway?
When the user clause in a lease permits a specific use and use for all purposes reasonably ancillary thereto, how is such ancillary use assessed? If a lease permits use as a golf club on a golf course and for all purposes reasonably ancillary thereto, could such ancillary use include use of part as: a restaurant; or a takeaway?
Q&As

When transferring Property X from AB to A and Property Y from AB to B for no monetary consideration, would the two transfers be considered a gift for SDLT purposes, or would the other transfer be deemed consideration? The properties are wholly owned as 50:50 tenants in common, there would be no contract between A and B, and the transfers would be completed on different days.
When transferring Property X from AB to A and Property Y from AB to B for no monetary consideration, would the two transfers be considered a gift for SDLT purposes, or would the other transfer be deemed consideration? The properties are wholly owned as 50:50 tenants in common, there would be no contract between A and B, and the transfers would be completed on different days.
Q&As

Where a (pre-coronavirus) business sale and purchase agreement provides for deferred consideration dependent on post completion profits (12 months following completion), absent a force majeure clause; (a) could coronavirus render the contract frustrated and, if so, with what consequences? and (b) could the parties agree to vary their agreement now to extend the post-completion period for profit assessment or in some other way re-balance the deferred consideration calculation due?
Where a (pre-coronavirus) business sale and purchase agreement provides for deferred consideration dependent on post completion profits (12 months following completion), absent a force majeure clause; (a) could coronavirus render the contract frustrated and, if so, with what consequences? and (b) could the parties agree to vary their agreement now to extend the post-completion period for profit assessment or in some other way re-balance the deferred consideration calculation due?
Q&As

Where a 16 year old child lives with their father and has little contact with their mother, can the father and the child travel abroad together where the mother does not consent and there is no child arrangements order or specific issue order in place? The father has the child's passport and birth certificate naming him as the child’s father.
Where a 16 year old child lives with their father and has little contact with their mother, can the father and the child travel abroad together where the mother does not consent and there is no child arrangements order or specific issue order in place? The father has the child's passport and birth certificate naming him as the child’s father.
Q&As

Where A and B are in dispute in relation to a piece of land owned by A, can B make a valid Part 36 offer to acquire A's land?
Where A and B are in dispute in relation to a piece of land owned by A, can B make a valid Part 36 offer to acquire A's land?
Q&As

Where a beneficiary of a Will dies shortly after the testator and there is no survivorship provision in the Will, does the beneficiary have to survive the testator by a minimum period before their estate receives the share?
Where a beneficiary of a Will dies shortly after the testator and there is no survivorship provision in the Will, does the beneficiary have to survive the testator by a minimum period before their estate receives the share?
Q&As

Where a business tenant has a lease containing a right to access land owned by a third party, who is the appropriate defendant to lease renewal proceedings—the landlord alone or the landlord and third party?
Where a business tenant has a lease containing a right to access land owned by a third party, who is the appropriate defendant to lease renewal proceedings—the landlord alone or the landlord and third party?
Q&As

Where a business tenant uses a residential part of the property for a member of staff and has a protected tenancy under the Rent Act 1977 for that property and if the business (which is not a company) is then sold, does the protected tenancy also transfer with the transfer of the business?
Where a business tenant uses a residential part of the property for a member of staff and has a protected tenancy under the Rent Act 1977 for that property and if the business (which is not a company) is then sold, does the protected tenancy also transfer with the transfer of the business?
Q&As

Where a child arrangements order (CAO) has been made providing for a parent to engage with an alcohol support service and for the support service to provide regular updates to the parties regarding the parent’s engagement with them, but the order does not specifically give permission for a copy of the CAO to be provided to the support service, does permission from the court need to be obtained before a copy of the CAO can be provided to the support service?
Where a child arrangements order (CAO) has been made providing for a parent to engage with an alcohol support service and for the support service to provide regular updates to the parties regarding the parent’s engagement with them, but the order does not specifically give permission for a copy of the CAO to be provided to the support service, does permission from the court need to be obtained before a copy of the CAO can be provided to the support service?
Q&As

Where a child arrangements order includes handover conditions, can a power of arrest be attached to the order?
Where a child arrangements order includes handover conditions, can a power of arrest be attached to the order?
Q&As

Where a child arrangements order is in place providing for contact with one parent, and that parent wishes to change a particular day that they see the child, is there any guidance from case law on the length of notice that they should give the other parent of the proposed change?
Where a child arrangements order is in place providing for contact with one parent, and that parent wishes to change a particular day that they see the child, is there any guidance from case law on the length of notice that they should give the other parent of the proposed change?
Q&As

Where a child arrangements order was made in England and Wales and the child now lives in the Republic of Ireland, how may the order be enforced as to contact?
Where a child arrangements order was made in England and Wales and the child now lives in the Republic of Ireland, how may the order be enforced as to contact?
Q&As

Where a child arrangements order was made with the consent of both parties, can such an order subsequently be varied on the application of one of the parties?
Where a child arrangements order was made with the consent of both parties, can such an order subsequently be varied on the application of one of the parties?
Q&As

Where a child has a severe disability and a need for property provision beyond their minority due to their disability, can the court make an order under Schedule 1 to the Children Act 1989 for an outright transfer of property or a settlement that lasts beyond the child's dependency?
Where a child has a severe disability and a need for property provision beyond their minority due to their disability, can the court make an order under Schedule 1 to the Children Act 1989 for an outright transfer of property or a settlement that lasts beyond the child's dependency?
Q&As

Where a child is subject to a full care order, can a parent with parental responsibility prevent the local authority from moving the child to another local authority area?
Where a child is subject to a full care order, can a parent with parental responsibility prevent the local authority from moving the child to another local authority area?
Q&As

Where a child is the subject of a final care order and is in a long term foster placement, and the local authority has allowed the child to be known informally by a different name for security reasons (involving concerns about a parent), is a change of name permitted where the local authority has not consulted with others who have parental responsibility for the child?
Where a child is the subject of a final care order and is in a long term foster placement, and the local authority has allowed the child to be known informally by a different name for security reasons (involving concerns about a parent), is a change of name permitted where the local authority has not consulted with others who have parental responsibility for the child?
Q&As

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