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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

Where a duty of care is owed, can constructive knowledge on the part of the claimant defeat a claim based on breach of the duty? In an alleged professional negligence claim, what are the general principles for determining what would have happened had proper advice been given?
Where a duty of care is owed, can constructive knowledge on the part of the claimant defeat a claim based on breach of the duty? In an alleged professional negligence claim, what are the general principles for determining what would have happened had proper advice been given?
Q&As

Where a father has made an application for parental responsibility in England and Wales, but the child spends an equal amount of time in both Poland and the UK, will the court have jurisdiction to hear the application?
Where a father has made an application for parental responsibility in England and Wales, but the child spends an equal amount of time in both Poland and the UK, will the court have jurisdiction to hear the application?
Q&As

Where a father with parental responsibility (but who is not the biological father) has issued an application under the Children Act 1989, is he required to serve or give notice of the proceedings to the biological father?
Where a father with parental responsibility (but who is not the biological father) has issued an application under the Children Act 1989, is he required to serve or give notice of the proceedings to the biological father?
Q&As

Where a final order has been made in financial remedy proceedings some time ago, and it subsequently transpires that the children of the family may not be the husband's biological children, would this amount to a Barder event?
Where a final order has been made in financial remedy proceedings some time ago, and it subsequently transpires that the children of the family may not be the husband's biological children, would this amount to a Barder event?
Q&As

Where a final order made in financial remedy proceedings provides that the net proceeds of sale of a former matrimonial home be divided equally between the parties, but no order for sale is included in the order, what action can be taken to execute a sale of the property where one party is not cooperating?
Where a final order made in financial remedy proceedings provides that the net proceeds of sale of a former matrimonial home be divided equally between the parties, but no order for sale is included in the order, what action can be taken to execute a sale of the property where one party is not cooperating?
Q&As

Where a financial consent order provides for child maintenance to the end of university education, when the child is aged 18 or 19, can either party still seek a maintenance calculation from the child maintenance service on the expiry of one year after the making of the consent order?
Where a financial consent order provides for child maintenance to the end of university education, when the child is aged 18 or 19, can either party still seek a maintenance calculation from the child maintenance service on the expiry of one year after the making of the consent order?
Q&As

Where a financial order contains provision for the parties to have joint conduct of the sale of a property, does the conveyancer need permission from both parties to distribute the proceeds of sale, where there is provision in the order for the proceeds to be distributed?
Where a financial order contains provision for the parties to have joint conduct of the sale of a property, does the conveyancer need permission from both parties to distribute the proceeds of sale, where there is provision in the order for the proceeds to be distributed?
Q&As

Where a firm of solicitors is appointed as executors of a deceased individual's estate, can they provide a power of attorney to a beneficiary of the estate in order for them to take out the grant and administer the estate? Are there potential risks in doing so and might it be preferable for the solicitors to renounce probate instead?
Where a firm of solicitors is appointed as executors of a deceased individual's estate, can they provide a power of attorney to a beneficiary of the estate in order for them to take out the grant and administer the estate? Are there potential risks in doing so and might it be preferable for the solicitors to renounce probate instead?
Q&As

Where a fixed term assured shorthold tenancy comes to an end and a statutory periodic tenancy commences between the same parties and of the same premises, is this considered a ‘replacement’ tenancy? Is the landlord required to provide an updated ‘How to Rent’ guide if the guide has been updated since the start of the fixed term tenancy? If an updated guide is required but was only provided to the tenant after the start of the statutory periodic tenancy, but before a section 21 notice is served, will the section 21 notice be valid?
Where a fixed term assured shorthold tenancy comes to an end and a statutory periodic tenancy commences between the same parties and of the same premises, is this considered a ‘replacement’ tenancy? Is the landlord required to provide an updated ‘How to Rent’ guide if the guide has been updated since the start of the fixed term tenancy? If an updated guide is required but was only provided to the tenant after the start of the statutory periodic tenancy, but before a section 21 notice is served, will the section 21 notice be valid?
Q&As

Where a fixed term assured shorthold tenancy tenant initially fails to pay the deposit and the landlord then serves a section 21 notice in terms of the break clause in the lease after six months and the tenant then pays the deposit, but the landlord does not protect it as he has served the section 21 notice, can the landlord still rely on the section 21 notice served before the deposit is paid?
Where a fixed term assured shorthold tenancy tenant initially fails to pay the deposit and the landlord then serves a section 21 notice in terms of the break clause in the lease after six months and the tenant then pays the deposit, but the landlord does not protect it as he has served the section 21 notice, can the landlord still rely on the section 21 notice served before the deposit is paid?
Q&As

Where a flat is rented under an assured shorthold tenancy and the landlord wishes to end the tenancy under section 21 of the Housing Act 1988, are there any legal issues/implications that arise where the tenants have learning difficulties and where their behaviour (eg telling neighbours not to smoke in open space outside the flats) has upset residents of other flats in some cases causing the neighbours to end their tenancies?
Where a flat is rented under an assured shorthold tenancy and the landlord wishes to end the tenancy under section 21 of the Housing Act 1988, are there any legal issues/implications that arise where the tenants have learning difficulties and where their behaviour (eg telling neighbours not to smoke in open space outside the flats) has upset residents of other flats in some cases causing the neighbours to end their tenancies?
Q&As

Where a foundation school has federated pursuant to the School Governance (Federations) (England) Regulations 2012, who holds the title to the land interest in the school in the period between the new governing body's federation and the date on which the land transfer completes and is registered at HM Land Registry?
Where a foundation school has federated pursuant to the School Governance (Federations) (England) Regulations 2012, who holds the title to the land interest in the school in the period between the new governing body's federation and the date on which the land transfer completes and is registered at HM Land Registry?
Q&As

Where a freehold registered title enjoys the benefit of a right of way over third party land (connecting the registered title to the highway), and the benefit of that right of way is registered on the title, does the benefit of the right of way pass to a buyer of that title (under section 187 of the Law of Property Act 1925 (LPA 1925) or otherwise) even though the seller is excluding LPA 1925, s 62 from the transfer?
Where a freehold registered title enjoys the benefit of a right of way over third party land (connecting the registered title to the highway), and the benefit of that right of way is registered on the title, does the benefit of the right of way pass to a buyer of that title (under section 187 of the Law of Property Act 1925 (LPA 1925) or otherwise) even though the seller is excluding LPA 1925, s 62 from the transfer?
Q&As

Where a guarantor guarantees the obligations of the tenant under a lease for the term which expressly includes the contractual term and any period of holding over under the Landlord and Tenant Act 1954, on the renewal of the lease will the guarantor remain liable under the renewal lease or will the guarantor need to be a party to and execute the new lease in order to guarantee the obligations of the tenant under the renewal lease?
Where a guarantor guarantees the obligations of the tenant under a lease for the term which expressly includes the contractual term and any period of holding over under the Landlord and Tenant Act 1954, on the renewal of the lease will the guarantor remain liable under the renewal lease or will the guarantor need to be a party to and execute the new lease in order to guarantee the obligations of the tenant under the renewal lease?
Q&As

Where a house is converted into two flats and the leaseholders commenced collective enfranchisement under the Leasehold Reform, Housing and Urban Development Act 1993, reached the stage of agreeing terms and premium and intended to complete shortly, but one of the leaseholders (who had been acting via their power of attorney) has now died, is it possible to still complete the enfranchisement given that the statutory deadline is approaching, and if so what is the procedure for this?
Where a house is converted into two flats and the leaseholders commenced collective enfranchisement under the Leasehold Reform, Housing and Urban Development Act 1993, reached the stage of agreeing terms and premium and intended to complete shortly, but one of the leaseholders (who had been acting via their power of attorney) has now died, is it possible to still complete the enfranchisement given that the statutory deadline is approaching, and if so what is the procedure for this?
Q&As

Where a joint owner wishes to make an application under the Trusts of Land and Appointment of Trustees Act 1996 (TOLATA 1996) and an application has already been made by the other joint owner under Schedule 1 to the Children Act 1989, should TOLATA 1996 application be made under CPR 7 rather than CPR 8?
Where a joint owner wishes to make an application under the Trusts of Land and Appointment of Trustees Act 1996 (TOLATA 1996) and an application has already been made by the other joint owner under Schedule 1 to the Children Act 1989, should TOLATA 1996 application be made under CPR 7 rather than CPR 8?
Q&As

Where a judgment creditor wishes to enforce arrears of maintenance by way of an application for a charging order, is the permission of the court required to enforce arrears that are more than 12 months old in accordance with section 32 of the Matrimonial Causes Act 1973?
Where a judgment creditor wishes to enforce arrears of maintenance by way of an application for a charging order, is the permission of the court required to enforce arrears that are more than 12 months old in accordance with section 32 of the Matrimonial Causes Act 1973?
Q&As

Where a landlord grants a reversionary lease to commence on the contractual expiry date of an existing lease which has security of tenure under LTA 1954, what is the effect on the existing lease? Does the landlord still need to take steps to determine the Landlord and Tenant Act 1954 lease?
Where a landlord grants a reversionary lease to commence on the contractual expiry date of an existing lease which has security of tenure under LTA 1954, what is the effect on the existing lease? Does the landlord still need to take steps to determine the Landlord and Tenant Act 1954 lease?
Q&As

Where a landlord has a residential tenant with more than six months of arrears, and the landlord serves a notice under section 8 of the Housing Act 1988 on four weeks’ notice, what is the position if the tenant brings the arrears to a level below six months' outstanding before the hearing? Is the matter therefore no longer dealt with as a priority/is the section 8 notice no longer valid?
Where a landlord has a residential tenant with more than six months of arrears, and the landlord serves a notice under section 8 of the Housing Act 1988 on four weeks’ notice, what is the position if the tenant brings the arrears to a level below six months' outstanding before the hearing? Is the matter therefore no longer dealt with as a priority/is the section 8 notice no longer valid?
Q&As

Where a landlord has served a section 25 notice under the Landlord and Tenant Act 1954 and the tenant serves a section 27 notice under cover without prejudice letter, does the section 27 notice override the section 25 notice and can the tenant renege on the date in the section 27 notice?
Where a landlord has served a section 25 notice under the Landlord and Tenant Act 1954 and the tenant serves a section 27 notice under cover without prejudice letter, does the section 27 notice override the section 25 notice and can the tenant renege on the date in the section 27 notice?
Q&As

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