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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 an employer receives notification of a ballot on industrial action, are they able to contact their employees, the union members, to provide their side of the issue?
Where an employer receives notification of a ballot on industrial action, are they able to contact their employees, the union members, to provide their side of the issue?
Q&As

Where an equitable charge registered pursuant to a charging order following a money judgement has been registered for over 12 years without the beneficiary seeking to enforce the charge or seek an order for sale, will it now been unenforceable under the Limitation Act 1980?
Where an equitable charge registered pursuant to a charging order following a money judgement has been registered for over 12 years without the beneficiary seeking to enforce the charge or seek an order for sale, will it now been unenforceable under the Limitation Act 1980?
Q&As

Where an express right of way marked upon an accompanying plan abuts a boundary wall forming part of the dominant land leading to a gateway onto that land, is the dominant owner lawfully entitled to use the right of way as a means of access onto their property at any other point in addition to the gateway by simply removing the wall between the two properties?
Where an express right of way marked upon an accompanying plan abuts a boundary wall forming part of the dominant land leading to a gateway onto that land, is the dominant owner lawfully entitled to use the right of way as a means of access onto their property at any other point in addition to the gateway by simply removing the wall between the two properties?
Q&As

Where an individual has guaranteed the performance of obligations under a lease of a third party, what happens to the guarantee should the guarantor die and the guarantee agreement is silent on such circumstances?
Where an individual has guaranteed the performance of obligations under a lease of a third party, what happens to the guarantee should the guarantor die and the guarantee agreement is silent on such circumstances?
Q&As

Where an individual who was adopted prior to 1976 died intestate with no surviving spouse, parents or issue, such that their closest relations are their natural twin sister (who lacks capacity) and their adoptive sister (the biological child of their adoptive parents), who is entitled to apply for a grant of letters of administration?
Where an individual who was adopted prior to 1976 died intestate with no surviving spouse, parents or issue, such that their closest relations are their natural twin sister (who lacks capacity) and their adoptive sister (the biological child of their adoptive parents), who is entitled to apply for a grant of letters of administration?
Q&As

Where an individual wishes to settle part of their property on a life interest trust for themselves during their lifetime (which will be an immediately chargeable transfer and will not be a QIIP), how can they ensure they settle only the value of the available nil rate band of £325,000? Is the value to be settled the loss to their estate rather than the value of a particular per centof the property?
Where an individual wishes to settle part of their property on a life interest trust for themselves during their lifetime (which will be an immediately chargeable transfer and will not be a QIIP), how can they ensure they settle only the value of the available nil rate band of £325,000? Is the value to be settled the loss to their estate rather than the value of a particular per centof the property?
Q&As

Where an initial child support calculation has been made by the Child Maintenance Service (which is subject to appeal), can the court make an order by consent pursuant to section 8(5) of the Child Support Act 1991 and Schedule 1 to the Children Act 1989, where the parties agree to such an order?
Where an initial child support calculation has been made by the Child Maintenance Service (which is subject to appeal), can the court make an order by consent pursuant to section 8(5) of the Child Support Act 1991 and Schedule 1 to the Children Act 1989, where the parties agree to such an order?
Q&As

Where an interim child contact arrangements order is in place and one of the parties is verbally abusive during contact in breach of a non-molestation order, what steps should be taken if the other party wishes to suspend contact? What applications can be made to the court, and what court form should be used?
Where an interim child contact arrangements order is in place and one of the parties is verbally abusive during contact in breach of a non-molestation order, what steps should be taken if the other party wishes to suspend contact? What applications can be made to the court, and what court form should be used?
Q&As

Where an LHA has undertaken enforcement action purusant to Housing Act 2004 (HA 2004), the costs of which become subject to a local land charge (LLC) (HA 2004, ss 49–50), can they pursue a debt recovery action in the small claims court for the costs as well as or instead of the LLC?
Where an LHA has undertaken enforcement action purusant to Housing Act 2004 (HA 2004), the costs of which become subject to a local land charge (LLC) (HA 2004, ss 49–50), can they pursue a debt recovery action in the small claims court for the costs as well as or instead of the LLC?
Q&As

Where an order for costs has already been made on pronouncement of decree nisi, is it still possible to include in the recital to a financial consent order within divorce proceedings that the provisions are intended to be ‘in full and final satisfaction of all claims in respect of legal costs including those of the divorce or dissolution proceedings’ and to include provision in the order that there should be no order as to costs?
Where an order for costs has already been made on pronouncement of decree nisi, is it still possible to include in the recital to a financial consent order within divorce proceedings that the provisions are intended to be ‘in full and final satisfaction of all claims in respect of legal costs including those of the divorce or dissolution proceedings’ and to include provision in the order that there should be no order as to costs?
Q&As

Where an order for sale granted to enforce a charging order provides that the claimant’s solicitor is to have conduct of the sale without further direction, is the claimant’s solicitor free to proceed with the sale either by public auction or private treaty, or does an application for further direction need to be made to court?
Where an order for sale granted to enforce a charging order provides that the claimant’s solicitor is to have conduct of the sale without further direction, is the claimant’s solicitor free to proceed with the sale either by public auction or private treaty, or does an application for further direction need to be made to court?
Q&As

Where an order for sale has been made, and the respondent refuses to engage in the process for sale, should an application be made under the Family Law Act 1996 for an occupation order? What other remedies are available to force an owner to leave so the property can be sold?
Where an order for sale has been made, and the respondent refuses to engage in the process for sale, should an application be made under the Family Law Act 1996 for an occupation order? What other remedies are available to force an owner to leave so the property can be sold?
Q&As

Where an order for spousal maintenance has been made and the payer delays paying the maintenance each month until they are chased, can an application for enforcement be made to ensure prompt payment?
Where an order for spousal maintenance has been made and the payer delays paying the maintenance each month until they are chased, can an application for enforcement be made to ensure prompt payment?
Q&As

Where an order has been made for child maintenance to be paid until the completion of secondary education, can the child subsequently make an application for maintenance if they then decide to go to university?
Where an order has been made for child maintenance to be paid until the completion of secondary education, can the child subsequently make an application for maintenance if they then decide to go to university?
Q&As

Where an order has been made in family proceedings requiring a party to pay another party's costs in a specified sum within a specified time period, and that party subsequently refuses to do so, how may the costs order be enforced?
Where an order has been made in family proceedings requiring a party to pay another party's costs in a specified sum within a specified time period, and that party subsequently refuses to do so, how may the costs order be enforced?
Q&As

Where an order includes provision for a lump sum to be paid by the applicant to the respondent within 21 days of the date of the order, should provision be included for the applicant to give an undertaking to pay the lump sum? If so, what is the authority for this?
Where an order includes provision for a lump sum to be paid by the applicant to the respondent within 21 days of the date of the order, should provision be included for the applicant to give an undertaking to pay the lump sum? If so, what is the authority for this?
Q&As

Where an order is made on a without notice application for a non-molestation order, what is the position if the respondent has no known address, and cannot be located and served with the order?
Where an order is made on a without notice application for a non-molestation order, what is the position if the respondent has no known address, and cannot be located and served with the order?
Q&As

Where an order restricting further applications (made under section 91(14) of the Children Act 1989) is in force, what factors will the court take into account when determining an application for permission to make a further application? Will the welfare of the child be the paramount consideration?
Where an order restricting further applications (made under section 91(14) of the Children Act 1989) is in force, what factors will the court take into account when determining an application for permission to make a further application? Will the welfare of the child be the paramount consideration?
Q&As

Where an overseas entity disposes of its only or last remaining UK property, it cannot make a s9 application for removal from the ROE until the registration of the transfer at HMLR is complete. In a rare situation where the transferee has not applied to register the transfer, what can the transferor do to compel the transferee to proceed and complete the registration as the overseas entity is keen to remove itself from the Register of Overseas Entities? Would an application to the Court/Tribunal be required under LRR 2003?
Where an overseas entity disposes of its only or last remaining UK property, it cannot make a s9 application for removal from the ROE until the registration of the transfer at HMLR is complete. In a rare situation where the transferee has not applied to register the transfer, what can the transferor do to compel the transferee to proceed and complete the registration as the overseas entity is keen to remove itself from the Register of Overseas Entities? Would an application to the Court/Tribunal be required under LRR 2003?
Q&As

Where an owner has opted to tax on a building and is selling it where the property is sold with the benefit of an existing lease can this be described as a sale of a going concern even though this is not the sale of a business?
Where an owner has opted to tax on a building and is selling it where the property is sold with the benefit of an existing lease can this be described as a sale of a going concern even though this is not the sale of a business?
Q&As

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