LEXISNEXIS_ICON4_SIGNIN Contact us
Contact us

4 King’s Bench Walk

Experts

3

Filter by: Practice area
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

Where a child lives predominantly with one parent but due to their higher income they had agreed that the other parent could claim the child benefit for the child, can the parent with whom the child lives make a claim for child maintenance via the Child Maintenance Service?
Where a child lives predominantly with one parent but due to their higher income they had agreed that the other parent could claim the child benefit for the child, can the parent with whom the child lives make a claim for child maintenance via the Child Maintenance Service?
Q&As

Where a claim is brought out of time under the Human Rights Act 1998, can the defendant apply for summary judgment or should the question of limitation await trial?
Where a claim is brought out of time under the Human Rights Act 1998, can the defendant apply for summary judgment or should the question of limitation await trial?
Q&As

Where a claimant is homeless and living in a caravan with no postcode, can their solicitors, in light of CPR PD 16, para 2.2, include their address (as solicitors to the claimant) as opposed to the claimant's address, on the claim form?
Where a claimant is homeless and living in a caravan with no postcode, can their solicitors, in light of CPR PD 16, para 2.2, include their address (as solicitors to the claimant) as opposed to the claimant's address, on the claim form?
Q&As

Where a client raises concerns about a serious safeguarding risk to a child, is there a responsibility to make a referral to social services? Is the client’s consent required for a referral to be made? What steps should be taken to ensure a referral is made?
Where a client raises concerns about a serious safeguarding risk to a child, is there a responsibility to make a referral to social services? Is the client’s consent required for a referral to be made? What steps should be taken to ensure a referral is made?
Q&As

Where a cohabiting couple who were not engaged have separated, and one party owns the home in which they lived together as a family, can the non-owner register a restriction or notice at the Land Registry preventing a sale, in a similar way that a spouse or engaged party could under the Married Women’s Property Act 1882, pending a claim under the Trusts of Land and Appointment of Trustees Act 1996? What would be the procedure for such an application?
Where a cohabiting couple who were not engaged have separated, and one party owns the home in which they lived together as a family, can the non-owner register a restriction or notice at the Land Registry preventing a sale, in a similar way that a spouse or engaged party could under the Married Women’s Property Act 1882, pending a claim under the Trusts of Land and Appointment of Trustees Act 1996? What would be the procedure for such an application?
Q&As

Where a consent order in respect of children has been made in another jurisdiction, what steps need to be taken to obtain a 'mirror order' in England and Wales?
Where a consent order in respect of children has been made in another jurisdiction, what steps need to be taken to obtain a 'mirror order' in England and Wales?
Q&As

Where a consent order was made providing, inter alia, for the sale of property A and division of net sale proceeds between husband and wife, and the transfer to the wife of properties B and C, and the parties subsequently agree that properties A, B and C will all be transferred to the wife and she will raise the lump sum due to the husband by re-mortgage, can the original order be varied so that the clean break still operates even though the parties have not followed the terms of the original consent order? If so, what is the procedure for doing so?
Where a consent order was made providing, inter alia, for the sale of property A and division of net sale proceeds between husband and wife, and the transfer to the wife of properties B and C, and the parties subsequently agree that properties A, B and C will all be transferred to the wife and she will raise the lump sum due to the husband by re-mortgage, can the original order be varied so that the clean break still operates even though the parties have not followed the terms of the original consent order? If so, what is the procedure for doing so?
Q&As

Where a contract for sale of land adopts the Standard Commercial Property Conditions (2nd edition), if the contractual completion date has passed is the seller obliged to serve a notice to complete? Is there a risk of the seller impliedly accepting a late completion or otherwise waiving its right to serve a notice to complete later? Or can the seller can just sit and wait knowing it will receive compensation for delay and can serve a notice to complete when it decides it may want to rescind?
Where a contract for sale of land adopts the Standard Commercial Property Conditions (2nd edition), if the contractual completion date has passed is the seller obliged to serve a notice to complete? Is there a risk of the seller impliedly accepting a late completion or otherwise waiving its right to serve a notice to complete later? Or can the seller can just sit and wait knowing it will receive compensation for delay and can serve a notice to complete when it decides it may want to rescind?
Q&As

Where a couple have entered into an Islamic marriage and also married under English law, for the purpose of divorce proceedings, would the relevant date of marriage be the date of the Islamic marriage ceremony or would it be the date they were married under English law?
Where a couple have entered into an Islamic marriage and also married under English law, for the purpose of divorce proceedings, would the relevant date of marriage be the date of the Islamic marriage ceremony or would it be the date they were married under English law?
Q&As

Where a court appointed single joint expert has failed to comply with a court order to file their report, can an application be made to the court for the expert to attend court and explain their non-compliance? If so, what is the procedure? Can an order for costs be made against an expert in those circumstances?
Where a court appointed single joint expert has failed to comply with a court order to file their report, can an application be made to the court for the expert to attend court and explain their non-compliance? If so, what is the procedure? Can an order for costs be made against an expert in those circumstances?
Q&As

Where a court in England and Wales makes an interim care order, can the child be placed in Scotland by the local authority?
Where a court in England and Wales makes an interim care order, can the child be placed in Scotland by the local authority?
Q&As

Where a creditor has registered a restriction against the title of a registered property pursuant to a charging order, what courses of action are available where it is notified that the property is to be sold?
Where a creditor has registered a restriction against the title of a registered property pursuant to a charging order, what courses of action are available where it is notified that the property is to be sold?
Q&As

Where a defendant is based out of the jurisdiction and nominates a solicitor for service in the UK over four months after the claim has been issued, can service on the solicitors in the UK take place within six months of issue in accordance with CPR 7.5(2) or would service then be in breach of CPR 7.5(1)?
Where a defendant is based out of the jurisdiction and nominates a solicitor for service in the UK over four months after the claim has been issued, can service on the solicitors in the UK take place within six months of issue in accordance with CPR 7.5(2) or would service then be in breach of CPR 7.5(1)?
Q&As

Where a defendant is convicted of a summary offence in the magistrates’ court and then appeals to the Crown Court against that conviction, is it permissible to raise ‘abuse of process’ as a ground of appeal, when such an application had not been pursued in the proceedings in the magistrates’ court? How does a stay of proceedings as a remedy for abuse work in the content of an appeal, whereby the conviction will stand unless and until it is quashed?
Where a defendant is convicted of a summary offence in the magistrates’ court and then appeals to the Crown Court against that conviction, is it permissible to raise ‘abuse of process’ as a ground of appeal, when such an application had not been pursued in the proceedings in the magistrates’ court? How does a stay of proceedings as a remedy for abuse work in the content of an appeal, whereby the conviction will stand unless and until it is quashed?
Q&As

Where a defendant serves a defence statement, either in the magistrates' court or Crown Court, is the prosecution required to provide answers to questions raised in the statement? Or is the prosecutors duty limited to simply providing any further unused material which meets the disclosure test?
Where a defendant serves a defence statement, either in the magistrates' court or Crown Court, is the prosecution required to provide answers to questions raised in the statement? Or is the prosecutors duty limited to simply providing any further unused material which meets the disclosure test?
Q&As

Where a developer is late for completion under a contract for the sale and purchase of a property, can the buyer recover financial loss and, if so, what sort of losses are deemed to flow from the breach?
Where a developer is late for completion under a contract for the sale and purchase of a property, can the buyer recover financial loss and, if so, what sort of losses are deemed to flow from the breach?
Q&As

Where a divorce petition has been issued at a Divorce Centre, can both the application for decree nisi and the approval of a financial consent order be expedited where a party will otherwise be disadvantaged by the expiry of a mortgage offer?
Where a divorce petition has been issued at a Divorce Centre, can both the application for decree nisi and the approval of a financial consent order be expedited where a party will otherwise be disadvantaged by the expiry of a mortgage offer?
Q&As

Where a divorce petition has been issued, and the petitioner proceeding slowly, can a fresh petition be issued by the respondent to the first petition without leave? Family Procedure Rules 2010, 7.14 suggests leave is needed, but the Red Book seems suggests otherwise.
Where a divorce petition has been issued, and the petitioner proceeding slowly, can a fresh petition be issued by the respondent to the first petition without leave? Family Procedure Rules 2010, 7.14 suggests leave is needed, but the Red Book seems suggests otherwise.
Q&As

Where a divorce petition was issued 13 years ago and the respondent failed to file an acknowledgment of service, if they file a petition now will this be treated as a cross petition, and is permission from the court required to serve a cross petition?
Where a divorce petition was issued 13 years ago and the respondent failed to file an acknowledgment of service, if they file a petition now will this be treated as a cross petition, and is permission from the court required to serve a cross petition?
Q&As

Where a door in a street opens outwards, contrary to section 153 of the Highways Act 1980, would a council be able to serve a notice on the owner/occupier to rectify the issue where the owner/occupier is a dissolved company and the premises is bona vacantia? Alternatively, could a notice be served on the Treasury Solicitor?
Where a door in a street opens outwards, contrary to section 153 of the Highways Act 1980, would a council be able to serve a notice on the owner/occupier to rectify the issue where the owner/occupier is a dissolved company and the premises is bona vacantia? Alternatively, could a notice be served on the Treasury Solicitor?
Q&As

First 61 62 63 64 65 66 Last

If you expected to see yourself on this page, click here.