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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 party who is a litigant in person accepts a without prejudice offer to settle the financial aspects of a divorce, are they then bound by the terms of the offer?
Where a party who is a litigant in person accepts a without prejudice offer to settle the financial aspects of a divorce, are they then bound by the terms of the offer?
Q&As

Where a payer of child maintenance receives a pension lump sum from their private pension which is listed on their P60 as gross salary, but is then adjusted as a tax-free amount, will receipt of that sum affect the Child Maintenance Service calculation of child maintenance payable?
Where a payer of child maintenance receives a pension lump sum from their private pension which is listed on their P60 as gross salary, but is then adjusted as a tax-free amount, will receipt of that sum affect the Child Maintenance Service calculation of child maintenance payable?
Q&As

Where a payer of child maintenance receives a pension lump sum, will that sum be treated as income by the Child Maintenance Service to calculate the child maintenance payable?
Where a payer of child maintenance receives a pension lump sum, will that sum be treated as income by the Child Maintenance Service to calculate the child maintenance payable?
Q&As

Where a paying party receives a redundancy payment, including in lieu of notice and holiday entitlement, together with ex gratia and disability payments, will the Child Maintenance Service take those payments into account on a maintenance assessment? How would the maintenance be calculated in such circumstances? Could the court make an order for child maintenance by treating the ex gratia and disability payments as capital sums?
Where a paying party receives a redundancy payment, including in lieu of notice and holiday entitlement, together with ex gratia and disability payments, will the Child Maintenance Service take those payments into account on a maintenance assessment? How would the maintenance be calculated in such circumstances? Could the court make an order for child maintenance by treating the ex gratia and disability payments as capital sums?
Q&As

Where a payment on account is ordered by the court under CPR 44.2(8), is there any reason why the receiving party must proceed to a detailed assessment? Is there anything preventing the receiving party from declining detailed assessment, and instead relying on and enforcing the interim payment on account?
Where a payment on account is ordered by the court under CPR 44.2(8), is there any reason why the receiving party must proceed to a detailed assessment? Is there anything preventing the receiving party from declining detailed assessment, and instead relying on and enforcing the interim payment on account?
Q&As

Where a pension is already in payment, would a pension attachment order in relation to that pension cease in the event of death or remarriage and would the pension attachment order be capable of being varied?
Where a pension is already in payment, would a pension attachment order in relation to that pension cease in the event of death or remarriage and would the pension attachment order be capable of being varied?
Q&As

Where a pension sharing order was made 15 years ago, and hasn’t yet been implemented, is there a time limit as an extension for implementation?
Where a pension sharing order was made 15 years ago, and hasn’t yet been implemented, is there a time limit as an extension for implementation?
Q&As

Where a periodical payments order was made prior to a child's 16th birthday and provides that payments are made until completion of tertiary education, can the receiving parent apply to vary the order where the child is over age 18 and the order is still in force, or can such an application only be made by the child once they are age 18?
Where a periodical payments order was made prior to a child's 16th birthday and provides that payments are made until completion of tertiary education, can the receiving parent apply to vary the order where the child is over age 18 and the order is still in force, or can such an application only be made by the child once they are age 18?
Q&As

Where a person has been made subject to a restraining order by the criminal court for the protection of their former partner, is there any restriction on an application being made by the victim for a non-molestation order under the Family Law Act 1996 to perfect or add to the terms of the restraining order? If the original terms of the restraining order were appealed by the convicted person to alter a geographical exclusion zone under the restraining order, can a district judge in the Family Court make a non-molestation order to supplement the amended restraining order?
Where a person has been made subject to a restraining order by the criminal court for the protection of their former partner, is there any restriction on an application being made by the victim for a non-molestation order under the Family Law Act 1996 to perfect or add to the terms of the restraining order? If the original terms of the restraining order were appealed by the convicted person to alter a geographical exclusion zone under the restraining order, can a district judge in the Family Court make a non-molestation order to supplement the amended restraining order?
Q&As

Where a person has received notice of an application for home rights, how would that person seek to challenge or cancel the notice if the application was made in error by their ex-partner, whom they are not (nor have they ever been) married to or in a civil partnership with?
Where a person has received notice of an application for home rights, how would that person seek to challenge or cancel the notice if the application was made in error by their ex-partner, whom they are not (nor have they ever been) married to or in a civil partnership with?
Q&As

Where a petition for nullity is issued, does the same procedure under Family Procedure Rules 2010, SI 2010/2955, Pt 9 apply, as it would in relation to a divorce or judicial separation proceedings, on an application for a financial order? Is the position different if the marriage is void/a non-marriage, as opposed to being voidable? In both cases, will the court have regard to the factors set out in section 25 of the Matrimonial Causes Act 1973 in relation to the application for a financial order?
Where a petition for nullity is issued, does the same procedure under Family Procedure Rules 2010, SI 2010/2955, Pt 9 apply, as it would in relation to a divorce or judicial separation proceedings, on an application for a financial order? Is the position different if the marriage is void/a non-marriage, as opposed to being voidable? In both cases, will the court have regard to the factors set out in section 25 of the Matrimonial Causes Act 1973 in relation to the application for a financial order?
Q&As

Where a previous tenant installed a mezzanine floor, can a tenant of a renewal lease be required to reinstate this at the end of the term, where the repairing obligations in the lease include a requirement that the tenant remove any alterations/additions to the property made during any period of occupation prior to the start of the term? The definition of property in the lease includes all additions/alterations/improvements.
Where a previous tenant installed a mezzanine floor, can a tenant of a renewal lease be required to reinstate this at the end of the term, where the repairing obligations in the lease include a requirement that the tenant remove any alterations/additions to the property made during any period of occupation prior to the start of the term? The definition of property in the lease includes all additions/alterations/improvements.
Q&As

Where a private individual who has guaranteed a commercial lease dies, would the landlord have a claim against the guarantor’s estate for rent arrears? Would this be in addition to any claim they would have against the previous tenant under an authorised guarantee agreement and could the landlord choose which party to pursue in preference to the other?
Where a private individual who has guaranteed a commercial lease dies, would the landlord have a claim against the guarantor’s estate for rent arrears? Would this be in addition to any claim they would have against the previous tenant under an authorised guarantee agreement and could the landlord choose which party to pursue in preference to the other?
Q&As

Where a private mortgage is secured on residential property in a family matter to secure that the owner of the property pay the mortgagee the £20,000 at the point that the youngest child reaching 18, what form of restriction should be used in box 8 of HM Land Registry Form CH1?
Where a private mortgage is secured on residential property in a family matter to secure that the owner of the property pay the mortgagee the £20,000 at the point that the youngest child reaching 18, what form of restriction should be used in box 8 of HM Land Registry Form CH1?
Q&As

Where a property has been built on land by someone other than the owner, what is the legal position of the person who constructed the property?
Where a property has been built on land by someone other than the owner, what is the legal position of the person who constructed the property?
Q&As

Where a property is let on a long residential lease, does a right to forfeit arise in respect of non-payment of rent, once the sums fall due or once judgment for payment is obtained? Or in respect of other breaches of covenant, when the breaches occur or when these are determined by the court/FTT?
Where a property is let on a long residential lease, does a right to forfeit arise in respect of non-payment of rent, once the sums fall due or once judgment for payment is obtained? Or in respect of other breaches of covenant, when the breaches occur or when these are determined by the court/FTT?
Q&As

Where a property is owned as beneficial joint tenants (X and Y) and was made subject to an interim charging order against one of the joint tenants (X) (with an equitable charge over X's beneficial interest), if the property was later transferred for value to Y as the sole legal owner (being subject to a legal mortgage), does the earlier equitable charge over X's beneficial interest take priority over the later legal mortgage?
Where a property is owned as beneficial joint tenants (X and Y) and was made subject to an interim charging order against one of the joint tenants (X) (with an equitable charge over X's beneficial interest), if the property was later transferred for value to Y as the sole legal owner (being subject to a legal mortgage), does the earlier equitable charge over X's beneficial interest take priority over the later legal mortgage?
Q&As

Where a property is registered in the parties’ joint names, the cohabiting relationship breaks down and one party moves out of the property, what options are available to the remaining owner to remove their former cohabitant from the title of the property where the former cohabitant made no financial contribution whatsoever to the property? What can the remaining owner do if their former cohabitant refuses to reply to any communications?
Where a property is registered in the parties’ joint names, the cohabiting relationship breaks down and one party moves out of the property, what options are available to the remaining owner to remove their former cohabitant from the title of the property where the former cohabitant made no financial contribution whatsoever to the property? What can the remaining owner do if their former cohabitant refuses to reply to any communications?
Q&As

Where a property is subject to a restriction on its registered title preventing a disposition without the consent of 'the Housing Corporation' where consent is required under section 9 of the Housing Associations Act 1985, which body should provide the relevant consent?
Where a property is subject to a restriction on its registered title preventing a disposition without the consent of 'the Housing Corporation' where consent is required under section 9 of the Housing Associations Act 1985, which body should provide the relevant consent?
Q&As

Where a property that is owned by trustees under a Will trust is occupied by a beneficiary and another occupier under a licence, but on the termination of the licence, the occupier refuses to vacate the property, how are the trustees able to evict the occupier and does the occupier have a beneficial interest in the property?
Where a property that is owned by trustees under a Will trust is occupied by a beneficiary and another occupier under a licence, but on the termination of the licence, the occupier refuses to vacate the property, how are the trustees able to evict the occupier and does the occupier have a beneficial interest in the property?
Q&As

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