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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

A man believed he was the father of a child, and was included on the child's birth certificate (prior to December 2003). The child is now age 18, and the man has discovered via DNA testing that he is not the child’s biological father. Can he be removed from the child's birth certificate without the child's consent? Does he have parental responsibility for the child, bearing in mind that the child is age 18? Will the child be able to make any claims on the man’s estate?
A man believed he was the father of a child, and was included on the child's birth certificate (prior to December 2003). The child is now age 18, and the man has discovered via DNA testing that he is not the child’s biological father. Can he be removed from the child's birth certificate without the child's consent? Does he have parental responsibility for the child, bearing in mind that the child is age 18? Will the child be able to make any claims on the man’s estate?
Q&As

A married couple separated five years ago, at which time there was no equity in the former matrimonial home. The spouse who remained in the former matrimonial home has since paid the mortgage on the property. The property has increased in value and there is now significant equity. How would the court approach the division of the equity that has now accrued?
A married couple separated five years ago, at which time there was no equity in the former matrimonial home. The spouse who remained in the former matrimonial home has since paid the mortgage on the property. The property has increased in value and there is now significant equity. How would the court approach the division of the equity that has now accrued?
Q&As

A mother and son co-own and live in a residential property. The son wishes to permit a third party to live in the property but the mother opposes this. Can one co-owner prevent the other from permitting someone to live in the property?
A mother and son co-own and live in a residential property. The son wishes to permit a third party to live in the property but the mother opposes this. Can one co-owner prevent the other from permitting someone to live in the property?
Q&As

A mother wishes to change a child’s forename. The father does not have parental responsibility but has been involved with the child. Can the mother change the child’s name without the father’s consent and can she change a forename only?
A mother wishes to change a child’s forename. The father does not have parental responsibility but has been involved with the child. Can the mother change the child’s name without the father’s consent and can she change a forename only?
Q&As

A non-molestation order has been made in England against a respondent who is now living in Egypt. The respondent continues to breach the terms of the order by harassing the applicant online. Can the applicant enforce the order against the respondent and do the police have any powers in those circumstances?
A non-molestation order has been made in England against a respondent who is now living in Egypt. The respondent continues to breach the terms of the order by harassing the applicant online. Can the applicant enforce the order against the respondent and do the police have any powers in those circumstances?
Q&As

A non-resident parent (NRP) is self-employed via their own company, and able to select how company funds are applied for their benefit (including meeting quasi-personal costs within the company wherever legally possible), and also using a large director's loan to return money to them each year in lieu of salary dividends. What approach will the Child Maintenance Service (CMS) take to this on assessment of the NRP’s income? Will the CMS take a broader view, or will its assessment be limited to the salary/dividends as reported on the NRP’s tax return?
A non-resident parent (NRP) is self-employed via their own company, and able to select how company funds are applied for their benefit (including meeting quasi-personal costs within the company wherever legally possible), and also using a large director's loan to return money to them each year in lieu of salary dividends. What approach will the Child Maintenance Service (CMS) take to this on assessment of the NRP’s income? Will the CMS take a broader view, or will its assessment be limited to the salary/dividends as reported on the NRP’s tax return?
Q&As

A notice under section 42 of the Leasehold Reform, Housing and Urban Development Act 1993 (LRHUDA 1993) is served on an immediate landlord and a superior (competent) landlord. Both landlord titles are registered. Is the competent landlord’s counter notice invalid if it states that there are no other landlords and has not been served on the immediate landlord, such that the tenant could apply under LRHUDA 1993, s 49? The competent landlord has, despite this, provided a draft lease referring to the immediate landlord and the apportionment of the premium.
A notice under section 42 of the Leasehold Reform, Housing and Urban Development Act 1993 (LRHUDA 1993) is served on an immediate landlord and a superior (competent) landlord. Both landlord titles are registered. Is the competent landlord’s counter notice invalid if it states that there are no other landlords and has not been served on the immediate landlord, such that the tenant could apply under LRHUDA 1993, s 49? The competent landlord has, despite this, provided a draft lease referring to the immediate landlord and the apportionment of the premium.
Q&As

A notice under section 42 of the Leasehold Reform, Housing and Urban Development Act 1993 states that the date by which the landlord must respond to the notice by giving a counter-notice under section 45 is ‘not less than two months after the date of receipt of this Notice’. How does that affect the validity of the section 42 notice and, if it is valid, when must the landlord serve its section 45 notice?
A notice under section 42 of the Leasehold Reform, Housing and Urban Development Act 1993 states that the date by which the landlord must respond to the notice by giving a counter-notice under section 45 is ‘not less than two months after the date of receipt of this Notice’. How does that affect the validity of the section 42 notice and, if it is valid, when must the landlord serve its section 45 notice?
Q&As

A parent earns overseas income which is not included in their UK tax return, as well as UK income. Will the overseas income be treated as income for the purposes of a statutory child support calculation by the Child Maintenance Service (CMS)? If so, does the parent have a duty to disclose the overseas income to the CMS?
A parent earns overseas income which is not included in their UK tax return, as well as UK income. Will the overseas income be treated as income for the purposes of a statutory child support calculation by the Child Maintenance Service (CMS)? If so, does the parent have a duty to disclose the overseas income to the CMS?
Q&As

A Part 36 offer put forward by the defendant was accepted by the claimant. The defendant sought to withdraw their Part 36 offer after it had been accepted by the claimant and failed to make payment of the settlement sum within 14 days of the date of acceptance. What steps can the claimant take in order to enforce the settlement in circumstances where proceedings had not been issued?
A Part 36 offer put forward by the defendant was accepted by the claimant. The defendant sought to withdraw their Part 36 offer after it had been accepted by the claimant and failed to make payment of the settlement sum within 14 days of the date of acceptance. What steps can the claimant take in order to enforce the settlement in circumstances where proceedings had not been issued?
Q&As

A partnership is in administration, pursuant to a court order. Where one partner owns a residential property and the administrators have a beneficial interest in the property, who can bring the proceedings in relation to the property? Where the individual does not have the means to meet a costs order, is it possible for the defendant to seek security for costs against the administrators, or can the administrators be joined?
A partnership is in administration, pursuant to a court order. Where one partner owns a residential property and the administrators have a beneficial interest in the property, who can bring the proceedings in relation to the property? Where the individual does not have the means to meet a costs order, is it possible for the defendant to seek security for costs against the administrators, or can the administrators be joined?
Q&As

A party (A) with the landlord's agreement, surrendered a tenancy protected under the Agricultural Holdings Act 1986 in return for a joint tenancy in favour of A and B where section 4(1)(d) of the Agricultural Tenancies Act 1995 is expressed to apply to the tenancy. Where A dies and the joint tenancy passes to B by survivorship, will B's close relatives have the right to succeed B's tenancy on B's death, and if so, would this second succession be the final succession of the tenancy?
A party (A) with the landlord's agreement, surrendered a tenancy protected under the Agricultural Holdings Act 1986 in return for a joint tenancy in favour of A and B where section 4(1)(d) of the Agricultural Tenancies Act 1995 is expressed to apply to the tenancy. Where A dies and the joint tenancy passes to B by survivorship, will B's close relatives have the right to succeed B's tenancy on B's death, and if so, would this second succession be the final succession of the tenancy?
Q&As

A party agreed to transfer a property from their sole name into joint names with their cohabitant, who had made no financial contributions to the property. At that time the sole owner was suffering from depression. The parties separated within a few months and the former cohabitant is now seeking half of the equity in the property. Can such a claim be opposed on the basis of duress? How may the sole ownership of the property be restored?
A party agreed to transfer a property from their sole name into joint names with their cohabitant, who had made no financial contributions to the property. At that time the sole owner was suffering from depression. The parties separated within a few months and the former cohabitant is now seeking half of the equity in the property. Can such a claim be opposed on the basis of duress? How may the sole ownership of the property be restored?
Q&As

A party has been diagnosed with dementia and has been assessed by health care professionals as still having capacity to give instructions regarding divorce proceedings, but would find attending court very difficult. Could measures be put in place so that they do not have to attend court? Can a litigation friend be appointed even where a party still has capacity?
A party has been diagnosed with dementia and has been assessed by health care professionals as still having capacity to give instructions regarding divorce proceedings, but would find attending court very difficult. Could measures be put in place so that they do not have to attend court? Can a litigation friend be appointed even where a party still has capacity?
Q&As

A party has been married previously. In relation to that marriage, no financial order was made by the court and they receive child maintenance only from their first spouse. Where that party doesn’t receive spousal maintenance from their second spouse, can they still claim spousal maintenance from the first spouse?
A party has been married previously. In relation to that marriage, no financial order was made by the court and they receive child maintenance only from their first spouse. Where that party doesn’t receive spousal maintenance from their second spouse, can they still claim spousal maintenance from the first spouse?
Q&As

A party to family proceedings has emailed/showed letters containing legal advice to family members who are not parties to the proceedings. Can the other party to the proceedings submit that legal professional privilege has been lost as a consequence and ask that the entire solicitor’s file be disclosed?
A party to family proceedings has emailed/showed letters containing legal advice to family members who are not parties to the proceedings. Can the other party to the proceedings submit that legal professional privilege has been lost as a consequence and ask that the entire solicitor’s file be disclosed?
Q&As

A party to financial proceedings is a director and shareholder of a private limited company, and the other party to the proceedings has requested management accounts for that company. There are multiple directors and the managing director has refused to allow any information to be released. Can the managing director refuse to release information, and if not what steps can be taken?
A party to financial proceedings is a director and shareholder of a private limited company, and the other party to the proceedings has requested management accounts for that company. There are multiple directors and the managing director has refused to allow any information to be released. Can the managing director refuse to release information, and if not what steps can be taken?
Q&As

A party to financial remedy proceedings is the beneficiary of several trusts. Orders have been made directing the trustees (who are the parents of the beneficiary party) to provide information regarding one of the trusts, but they deny its existence. An application for a penal notice has been unsuccessful. What other options are there to obtain information regarding the trust?
A party to financial remedy proceedings is the beneficiary of several trusts. Orders have been made directing the trustees (who are the parents of the beneficiary party) to provide information regarding one of the trusts, but they deny its existence. An application for a penal notice has been unsuccessful. What other options are there to obtain information regarding the trust?
Q&As

A pension sharing order was made by the court, but wasn’t implemented by the parties. The transferor now wishes to access the pension that was the subject of the pension sharing order, but cannot until the pension sharing order has been implemented. The transferee cannot be located. What action can be taken to vary or discharge the pension sharing order so that the transferor can access their pension?
A pension sharing order was made by the court, but wasn’t implemented by the parties. The transferor now wishes to access the pension that was the subject of the pension sharing order, but cannot until the pension sharing order has been implemented. The transferee cannot be located. What action can be taken to vary or discharge the pension sharing order so that the transferor can access their pension?
Q&As

A periodic assured shorthold tenancy was entered into in 2012. A section 21 notice was served in July 2019, but the claim has been struck out because the section 21 notice was not in the ‘prescribed form’. Due to the age of the tenancy, is a prescribed form necessary?
A periodic assured shorthold tenancy was entered into in 2012. A section 21 notice was served in July 2019, but the claim has been struck out because the section 21 notice was not in the ‘prescribed form’. Due to the age of the tenancy, is a prescribed form necessary?
Q&As

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