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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 mortgage hasn't been registered where it should be and no notice of it appears on the registered title, if the land is subsequently transferred for valuable consideration, will the mortgage be binding?
Where a mortgage hasn't been registered where it should be and no notice of it appears on the registered title, if the land is subsequently transferred for valuable consideration, will the mortgage be binding?
Q&As

Where a National Home Building Council (NHBC) warranty obligates the NHBC to either reimburse the cost of putting right defects or arrange (at its expense) for the necessary work to be carried out, is it possible for a covered party to choose the option it prefers?
Where a National Home Building Council (NHBC) warranty obligates the NHBC to either reimburse the cost of putting right defects or arrange (at its expense) for the necessary work to be carried out, is it possible for a covered party to choose the option it prefers?
Q&As

Where a new lease was assigned by T1, who gave an authorised guarantee agreement (AGA), to T2, and T2 then failed to register the assignment and unlawfully assigned to T3, but the landlord intends to retrospectively consent to the unlawful assignment, will T1's AGA be released on the grant of consent?
Where a new lease was assigned by T1, who gave an authorised guarantee agreement (AGA), to T2, and T2 then failed to register the assignment and unlawfully assigned to T3, but the landlord intends to retrospectively consent to the unlawful assignment, will T1's AGA be released on the grant of consent?
Q&As

Where a new tenant intends to take assignment of a commercial lease excluded from security of tenure, but has agreed variations with the landlord principally for the lease to fall within the security of the Landlord and Tenant Act 1954 and additional variations regarding liability for insurance and maintenance, can this be documented simply by way of a lease variation or should a new lease be completed?
Where a new tenant intends to take assignment of a commercial lease excluded from security of tenure, but has agreed variations with the landlord principally for the lease to fall within the security of the Landlord and Tenant Act 1954 and additional variations regarding liability for insurance and maintenance, can this be documented simply by way of a lease variation or should a new lease be completed?
Q&As

Where a non-molestation order has been made by the court, can copies of the order be distributed to members of the public?
Where a non-molestation order has been made by the court, can copies of the order be distributed to members of the public?
Q&As

Where a notice to increase rent under section 13(2) of the Housing Act 1988 (HA 1988) is served after a HA 1988, s 21 notice seeking possession, is the tenant able to argue there has been an implied withdrawal of the section 21 notice? If the section 13(2) notice is served before a section 21 notice and if the tenant disputes the new rent, would the issue need to go to the First-tier Tribunal for determination?
Where a notice to increase rent under section 13(2) of the Housing Act 1988 (HA 1988) is served after a HA 1988, s 21 notice seeking possession, is the tenant able to argue there has been an implied withdrawal of the section 21 notice? If the section 13(2) notice is served before a section 21 notice and if the tenant disputes the new rent, would the issue need to go to the First-tier Tribunal for determination?
Q&As

Where a parcel of land is being acquired voluntarily by a local authority (LA) as a dedication for highway purposes, does the dedication deed need to be registered with HM Land Registry or the Land Charges Department of the relevant LA, or both?
Where a parcel of land is being acquired voluntarily by a local authority (LA) as a dedication for highway purposes, does the dedication deed need to be registered with HM Land Registry or the Land Charges Department of the relevant LA, or both?
Q&As

Where a parent who lives in another jurisdiction is to be assessed for the purposes of public children care proceedings, what is the procedure to arrange the assessment and which country would undertake the assessment? Is it the parent’s home country or the country in which the proceedings are based?
Where a parent who lives in another jurisdiction is to be assessed for the purposes of public children care proceedings, what is the procedure to arrange the assessment and which country would undertake the assessment? Is it the parent’s home country or the country in which the proceedings are based?
Q&As

Where a parent with care (PWC) no longer satisfies the definition of a PWC, as set out in section 3(3) of the Child Support Act 1991, do they have a duty to inform the Child Maintenance Service (CMS) of this, and if so, on what authority?
Where a parent with care (PWC) no longer satisfies the definition of a PWC, as set out in section 3(3) of the Child Support Act 1991, do they have a duty to inform the Child Maintenance Service (CMS) of this, and if so, on what authority?
Q&As

Where a party (the first petitioner) has issued a divorce petition and the respondent files both an answer and their own petition, what are the options for the first petitioner and the procedure to be adopted? What steps would need to be taken if the first petitioner agrees to proceed with the respondent’s petition?
Where a party (the first petitioner) has issued a divorce petition and the respondent files both an answer and their own petition, what are the options for the first petitioner and the procedure to be adopted? What steps would need to be taken if the first petitioner agrees to proceed with the respondent’s petition?
Q&As

Where a party has been sectioned under the Mental Health Act 1983, but still has capacity, can they be served with court orders made under the Family Law Act 1996 and the Children Act 1989, by a process server, while they are in a hospital psychiatric unit?
Where a party has been sectioned under the Mental Health Act 1983, but still has capacity, can they be served with court orders made under the Family Law Act 1996 and the Children Act 1989, by a process server, while they are in a hospital psychiatric unit?
Q&As

Where a party has failed to make payments in accordance with a periodical payments order, can an application for a third party debt order include not only the arrears that have accrued to date but also future payments due under the periodical payments order?
Where a party has failed to make payments in accordance with a periodical payments order, can an application for a third party debt order include not only the arrears that have accrued to date but also future payments due under the periodical payments order?
Q&As

Where a party has issued an application under the Trusts of Land and Appointment of Trustees Act 1996 (TOLATA 1996), does that give the applicant an interest in the property which then entitles them to pursue an occupation order under section 33 of the Family Law Act 1996 (FLA 1996), or are they limited to pursuing an application under FLA 1996, s 36 if the TOLATA 1996 proceedings are ongoing? How will the court approach the admissibility of surveillance reports in relation to a party's cohabitation within injunction proceedings where it is relevant to the party's financial resources for an occupation order?
Where a party has issued an application under the Trusts of Land and Appointment of Trustees Act 1996 (TOLATA 1996), does that give the applicant an interest in the property which then entitles them to pursue an occupation order under section 33 of the Family Law Act 1996 (FLA 1996), or are they limited to pursuing an application under FLA 1996, s 36 if the TOLATA 1996 proceedings are ongoing? How will the court approach the admissibility of surveillance reports in relation to a party's cohabitation within injunction proceedings where it is relevant to the party's financial resources for an occupation order?
Q&As

Where a party has issued nullity proceedings alleging a voidable marriage and the respondent has filed an answer indicating an intention to defend those nullity proceedings, can either party then file a divorce petition after one year of marriage? If so, how should the nullity proceedings be dealt with and where should the divorce petition be filed if the nullity proceedings have been transferred to a court that is not a divorce centre?
Where a party has issued nullity proceedings alleging a voidable marriage and the respondent has filed an answer indicating an intention to defend those nullity proceedings, can either party then file a divorce petition after one year of marriage? If so, how should the nullity proceedings be dealt with and where should the divorce petition be filed if the nullity proceedings have been transferred to a court that is not a divorce centre?
Q&As

Where a party in divorce and financial proceedings is a co-director of a business with another person (with whom they are in dispute in relation to the business), and that person discloses information to the other party to the divorce in relation to the business dispute which is relevant to the financial proceedings, including solicitors correspondence, how should this information be deal with where financial information has not yet been exchanged?
Where a party in divorce and financial proceedings is a co-director of a business with another person (with whom they are in dispute in relation to the business), and that person discloses information to the other party to the divorce in relation to the business dispute which is relevant to the financial proceedings, including solicitors correspondence, how should this information be deal with where financial information has not yet been exchanged?
Q&As

Where a party instructs an expert to prepare a Part 35-compliant report before a claim has been issued (with the intention of seeking permission to rely on that report if proceedings become necessary), is the other party entitled to put forward Part 35 questions to the expert, as per CPR 35.6, in the usual way?
Where a party instructs an expert to prepare a Part 35-compliant report before a claim has been issued (with the intention of seeking permission to rely on that report if proceedings become necessary), is the other party entitled to put forward Part 35 questions to the expert, as per CPR 35.6, in the usual way?
Q&As

Where a party owns a property as joint tenants with her ex-partner and the ex-partner refuses to leave the home, what options does that party have to get her share in the property and get her ex-partner to leave the property where there is no domestic abuse and the parties were not married? What would the options be if the couple were married, had recently separated but were not ready to divorce?
Where a party owns a property as joint tenants with her ex-partner and the ex-partner refuses to leave the home, what options does that party have to get her share in the property and get her ex-partner to leave the property where there is no domestic abuse and the parties were not married? What would the options be if the couple were married, had recently separated but were not ready to divorce?
Q&As

Where a party to divorce proceedings has a child from a previous relationship who is not a child of the family in relation to the marriage that is the subject of the proceedings, will that child be taken into account as to the assessment of that party's housing needs?
Where a party to divorce proceedings has a child from a previous relationship who is not a child of the family in relation to the marriage that is the subject of the proceedings, will that child be taken into account as to the assessment of that party's housing needs?
Q&As

Where a party to divorce proceedings is ordered to transfer shares to their former spouse, and then refuses to sign the stock transfer form, what steps can be taken, and would an unsigned stock transfer form be stamped and accepted?
Where a party to divorce proceedings is ordered to transfer shares to their former spouse, and then refuses to sign the stock transfer form, what steps can be taken, and would an unsigned stock transfer form be stamped and accepted?
Q&As

Where a party to private children proceedings uses savings in their sole name to fund their legal fees and the other party is legally aided, would the other party be able to argue in any subsequent financial proceedings that the savings spent on legal fees should be added back into the marital assets on the basis that the savings plus a pension are the only assets?
Where a party to private children proceedings uses savings in their sole name to fund their legal fees and the other party is legally aided, would the other party be able to argue in any subsequent financial proceedings that the savings spent on legal fees should be added back into the marital assets on the basis that the savings plus a pension are the only assets?
Q&As

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