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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 transfer of part refers to a variable rentcharge to secure the payment of service charge and is supported by a Deed of Covenant and title restriction, does the 'freehold setup' remove the risk of enforcement of the draconian remedies under section 121 of the Law of Property Act? Further, can a fixed rentcharge of £1 p/a still be created under the Rent Charges Act 1977?
Where a transfer of part refers to a variable rentcharge to secure the payment of service charge and is supported by a Deed of Covenant and title restriction, does the 'freehold setup' remove the risk of enforcement of the draconian remedies under section 121 of the Law of Property Act? Further, can a fixed rentcharge of £1 p/a still be created under the Rent Charges Act 1977?
Q&As

Where a transferor is providing a gifted deposit element of the purchase price to the transferee (who is a family member) should the purchase price in the contract and transfer be stated as the price net of the gifted deposit? The transferee's mortgage institutional mortgage lender is suggesting that this is the case, despite their valuation reflecting the gross price which seems most unusual.
Where a transferor is providing a gifted deposit element of the purchase price to the transferee (who is a family member) should the purchase price in the contract and transfer be stated as the price net of the gifted deposit? The transferee's mortgage institutional mortgage lender is suggesting that this is the case, despite their valuation reflecting the gross price which seems most unusual.
Q&As

Where a wife is living in a refuge and her whereabouts are unknown to the husband, can the husband’s solicitors make enquiries about her address for the purpose of service on her, if the husband has agreed that the address will not be disclosed to him?
Where a wife is living in a refuge and her whereabouts are unknown to the husband, can the husband’s solicitors make enquiries about her address for the purpose of service on her, if the husband has agreed that the address will not be disclosed to him?
Q&As

Where a woman conceives with donor sperm (through home insemination) and is married to another woman at the time of conception, is the presumption under section 42 of the Human Fertilisation and Embryology Act 2008 that her spouse will be the child's second parent, unless she did not consent to the treatment? For the purpose of birth registration and demonstrating legal parenthood, how can the birth mother prove that her spouse did not consent?
Where a woman conceives with donor sperm (through home insemination) and is married to another woman at the time of conception, is the presumption under section 42 of the Human Fertilisation and Embryology Act 2008 that her spouse will be the child's second parent, unless she did not consent to the treatment? For the purpose of birth registration and demonstrating legal parenthood, how can the birth mother prove that her spouse did not consent?
Q&As

Where a woman is separated from her husband, but not yet divorced, and she wishes to undertake in vitro fertilisation treatment (using donor sperm), does she require her husband’s consent to do so? Where the husband refuses to sign a form indicating that he does not consent for the purposes of section 35 of the Human Fertilisation and Embryology Act 2008, how will that section be applied?
Where a woman is separated from her husband, but not yet divorced, and she wishes to undertake in vitro fertilisation treatment (using donor sperm), does she require her husband’s consent to do so? Where the husband refuses to sign a form indicating that he does not consent for the purposes of section 35 of the Human Fertilisation and Embryology Act 2008, how will that section be applied?
Q&As

Where all of the assets are in the sole name of one spouse, there are minor children in the family, and it is believed that the other spouse may be made bankrupt, will the trustee in bankruptcy be able to make a claim against those assets? Is the position different if the parties have only separated and not divorced?
Where all of the assets are in the sole name of one spouse, there are minor children in the family, and it is believed that the other spouse may be made bankrupt, will the trustee in bankruptcy be able to make a claim against those assets? Is the position different if the parties have only separated and not divorced?
Q&As

Where an agreement for surrender essentially amounts to a landlord call option, is it correct that the covenants and obligations under the agreement will pass to successors of both the landlord and the tenant under the Landlord and Tenant (Covenants) Act 1995 provided that the agreement is expressed to be collateral to the lease and with both ‘landlord’ and ‘tenant’ including successors-in-title?
Where an agreement for surrender essentially amounts to a landlord call option, is it correct that the covenants and obligations under the agreement will pass to successors of both the landlord and the tenant under the Landlord and Tenant (Covenants) Act 1995 provided that the agreement is expressed to be collateral to the lease and with both ‘landlord’ and ‘tenant’ including successors-in-title?
Q&As

Where an agreement has been reached regarding contact with a child subject to that parent agreeing to undergo regular drugs and alcohol testing, can the court make an order in relation to that requirement as part of a child arrangements order or should it be included as an undertaking in the recitals or as a condition?
Where an agreement has been reached regarding contact with a child subject to that parent agreeing to undergo regular drugs and alcohol testing, can the court make an order in relation to that requirement as part of a child arrangements order or should it be included as an undertaking in the recitals or as a condition?
Q&As

Where an application for listed building consent has identified numerous separate works to a listed building, when assessing impact, is it appropriate to consider the potential cumulative impact of such works, and if so how should these be weighed in the planning balance?
Where an application for listed building consent has identified numerous separate works to a listed building, when assessing impact, is it appropriate to consider the potential cumulative impact of such works, and if so how should these be weighed in the planning balance?
Q&As

Where an application has been issued by one party to vary a child arrangements order, can the other party seek an order for a change of residence of the child in those proceedings or do they have to issue a separate application?
Where an application has been issued by one party to vary a child arrangements order, can the other party seek an order for a change of residence of the child in those proceedings or do they have to issue a separate application?
Q&As

Where an application has been made to extend the term of a non-molestation order, and a hearing listed, can the extension be agreed by consent? If so, what evidence will the court require in order to approve the order?
Where an application has been made to extend the term of a non-molestation order, and a hearing listed, can the extension be agreed by consent? If so, what evidence will the court require in order to approve the order?
Q&As

Where an application has been made to the First-tier Tribunal, can the appointment of a manager under section 24 of the Landlord and Tenant Act 1987 be dealt with by way of a consent order?
Where an application has been made to the First-tier Tribunal, can the appointment of a manager under section 24 of the Landlord and Tenant Act 1987 be dealt with by way of a consent order?
Q&As

Where an application is made by a step parent for a child arrangements order and the child’s natural father has parental responsibility for the child, is there any authority to support an application that the natural father should not be made a respondent to the proceedings, in circumstances where he has not had contact for ten years due to concerns of abuse and the child is autistic and is likely to become unsettled or distressed if the natural father becomes involved in the proceedings?
Where an application is made by a step parent for a child arrangements order and the child’s natural father has parental responsibility for the child, is there any authority to support an application that the natural father should not be made a respondent to the proceedings, in circumstances where he has not had contact for ten years due to concerns of abuse and the child is autistic and is likely to become unsettled or distressed if the natural father becomes involved in the proceedings?
Q&As

Where an application is made to enforce an existing child arrangements order, can the court attach a penal notice to the order as regards potential future non-compliance with the terms of the order as opposed to existing non-compliance?
Where an application is made to enforce an existing child arrangements order, can the court attach a penal notice to the order as regards potential future non-compliance with the terms of the order as opposed to existing non-compliance?
Q&As

Where an application is made to the tribunal to vary the terms of a residential lease (relating to service charge calculation), is there scope for the landlord to recover the costs of the application from the leaseholders? This is specifically in a situation whereby there are eight leases, and seven of them agree to the variation, while one does not.
Where an application is made to the tribunal to vary the terms of a residential lease (relating to service charge calculation), is there scope for the landlord to recover the costs of the application from the leaseholders? This is specifically in a situation whereby there are eight leases, and seven of them agree to the variation, while one does not.
Q&As

Where an application is made under Part IV of the Family Law Act 1996 and the respondent’s whereabouts are unknown, can an application be made to the court for disclosure of the respondent’s address by a government department under Family Procedure Rules 2010, PD 6C ? If not, what is the appropriate procedure when the respondent’s address is unknown?
Where an application is made under Part IV of the Family Law Act 1996 and the respondent’s whereabouts are unknown, can an application be made to the court for disclosure of the respondent’s address by a government department under Family Procedure Rules 2010, PD 6C ? If not, what is the appropriate procedure when the respondent’s address is unknown?
Q&As

Where an application is made under the Trusts of Land and Appointment of Trustees Act 1996 in relation to more than one property, is it necessary to file a separate claim form for each property or can several properties be included in one claim form?
Where an application is made under the Trusts of Land and Appointment of Trustees Act 1996 in relation to more than one property, is it necessary to file a separate claim form for each property or can several properties be included in one claim form?
Q&As

Where an attorney is acting for the registered proprietor on the sale of the registered property, does this (by itself) justify the property being sold with limited, rather than full, title guarantee?
Where an attorney is acting for the registered proprietor on the sale of the registered property, does this (by itself) justify the property being sold with limited, rather than full, title guarantee?
Q&As

Where an electricity substation is let on a business lease and the land has planning permission for redevelopment, the owner intends to serve an s 25 notice to end the lease at the end of its term. Is there any provision under the Electricity Act 1989 or regulations flowing from it that the electrical network operator tenant can use as an additional defence to require the landlord to grant it a new lease?
Where an electricity substation is let on a business lease and the land has planning permission for redevelopment, the owner intends to serve an s 25 notice to end the lease at the end of its term. Is there any provision under the Electricity Act 1989 or regulations flowing from it that the electrical network operator tenant can use as an additional defence to require the landlord to grant it a new lease?
Q&As

Where an employee has been medically suspended from work, how does an employer calculate their rate of pay if they are working on a zero hours contract, and for how long would the suspension last?
Where an employee has been medically suspended from work, how does an employer calculate their rate of pay if they are working on a zero hours contract, and for how long would the suspension last?
Q&As

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