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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 it is not practicable by reason of redundancy for an employer to continue to employ an employee returning from maternity leave under her existing contract of employment, and the employer is required to offer the employee any suitable alternative vacancy that exists, is the employer required to consider terminating the contract of a self-employed worker carrying out the same role as the returning employee and offering her that role either on self-employed terms or as an employee?
Where it is not practicable by reason of redundancy for an employer to continue to employ an employee returning from maternity leave under her existing contract of employment, and the employer is required to offer the employee any suitable alternative vacancy that exists, is the employer required to consider terminating the contract of a self-employed worker carrying out the same role as the returning employee and offering her that role either on self-employed terms or as an employee?
Q&As

Where land being sold for value is subject to a fixed and floating charge with negative pledge at Companies House in respect of a charge which is also registered at the HM Land Registry, is anything else required to release the charge and pledge over the property beside a DS2/electronic discharge of the charge and a certificate of non-crystallisation?
Where land being sold for value is subject to a fixed and floating charge with negative pledge at Companies House in respect of a charge which is also registered at the HM Land Registry, is anything else required to release the charge and pledge over the property beside a DS2/electronic discharge of the charge and a certificate of non-crystallisation?
Q&As

Where no divorce petition has been filed, what are the options for a spouse to recover assets where the other party has withdrawn savings from both personal and business accounts? Can an application to set aside dealings under section 37 of the Matrimonial Causes Act 1973 only be made where there are existing proceedings?
Where no divorce petition has been filed, what are the options for a spouse to recover assets where the other party has withdrawn savings from both personal and business accounts? Can an application to set aside dealings under section 37 of the Matrimonial Causes Act 1973 only be made where there are existing proceedings?
Q&As

Where no proceedings have been issued and one party has given a written undertaking not to do a specified act, can such an undertaking be enforced and on what basis?
Where no proceedings have been issued and one party has given a written undertaking not to do a specified act, can such an undertaking be enforced and on what basis?
Q&As

Where no proceedings have been issued, but a valid offer under CPR 36 has been made and then accepted, what does the Part 36 offeror have to do to obtain a costs certificate/order in the event that the offeree does not pay the costs?
Where no proceedings have been issued, but a valid offer under CPR 36 has been made and then accepted, what does the Part 36 offeror have to do to obtain a costs certificate/order in the event that the offeree does not pay the costs?
Q&As

Where one family member moves in with another and will make a contribution towards household bills but will not pay rent, how should this occupation be documented? On the death of the family member who owns the property, will the other family member have a right to remain at the property?
Where one family member moves in with another and will make a contribution towards household bills but will not pay rent, how should this occupation be documented? On the death of the family member who owns the property, will the other family member have a right to remain at the property?
Q&As

Where one of the conditions for assignment in a lease provides that a tenant's guarantor is to guarantee an assignee’s performance of covenants and is therefore void does it mean that the entire clause/other conditions are also void?
Where one of the conditions for assignment in a lease provides that a tenant's guarantor is to guarantee an assignee’s performance of covenants and is therefore void does it mean that the entire clause/other conditions are also void?
Q&As

Where one of the parties to a step-parent parental responsibility agreement lives abroad and is unable to return to the UK to have their signature witnessed by one of the people stipulated on Form C(PRA2)), namely a justice of the peace, a justices’ clerk, an assistant to a justices’ clerk, or a court official who is authorised by the judge to administer oaths, what alternative abroad would be accepted by the courts in England?
Where one of the parties to a step-parent parental responsibility agreement lives abroad and is unable to return to the UK to have their signature witnessed by one of the people stipulated on Form C(PRA2)), namely a justice of the peace, a justices’ clerk, an assistant to a justices’ clerk, or a court official who is authorised by the judge to administer oaths, what alternative abroad would be accepted by the courts in England?
Q&As

Where one party buys a property in their sole name and, some years later, their partner moves into the property and pays 50% of the mortgage payments, can a resulting trust arise?
Where one party buys a property in their sole name and, some years later, their partner moves into the property and pays 50% of the mortgage payments, can a resulting trust arise?
Q&As

Where one party has applied to enforce the terms of a child arrangements order and the other party wishes to seek a variation of the order, can both applications be dealt with at the same time and in what form should the application to vary be made?
Where one party has applied to enforce the terms of a child arrangements order and the other party wishes to seek a variation of the order, can both applications be dealt with at the same time and in what form should the application to vary be made?
Q&As

Where one party to a marriage leaves the matrimonial home that they have been occupying with the other spouse, and they stay away for a period greater than 12 months, do they lose the right to occupy the property?
Where one party to a marriage leaves the matrimonial home that they have been occupying with the other spouse, and they stay away for a period greater than 12 months, do they lose the right to occupy the property?
Q&As

Where outline planning permission is granted prior to a community infrastructure levy (CIL) charging schedule being in place; but one is in place by the time of grant of the approval of reserved matters, would CIL be payable? Would the position be the same if the outline planning permission was granted prior to the entry into force of the changes introduced by the Community Infrastructure Levy (Amendment) (England) (No 2) Regulations 2019?
Where outline planning permission is granted prior to a community infrastructure levy (CIL) charging schedule being in place; but one is in place by the time of grant of the approval of reserved matters, would CIL be payable? Would the position be the same if the outline planning permission was granted prior to the entry into force of the changes introduced by the Community Infrastructure Levy (Amendment) (England) (No 2) Regulations 2019?
Q&As

Where part of a piece of land is sold and the transferor (Y) gives positive covenants in favour of the transferee (X) and also covenants that on any further disposition of all or part of the remaining land that Y will procure a deed of covenant from the disponee (Z) that Z will comply with the positive covenants, is there any requirement to obtain the consent of X to the deed of covenant?
Where part of a piece of land is sold and the transferor (Y) gives positive covenants in favour of the transferee (X) and also covenants that on any further disposition of all or part of the remaining land that Y will procure a deed of covenant from the disponee (Z) that Z will comply with the positive covenants, is there any requirement to obtain the consent of X to the deed of covenant?
Q&As

Where parties are not married and one party remains in the jointly owned property with the children who are still in education, can the other owner apply to the court for an order for sale now but request that the sale is deferred until the youngest child has left full time education?
Where parties are not married and one party remains in the jointly owned property with the children who are still in education, can the other owner apply to the court for an order for sale now but request that the sale is deferred until the youngest child has left full time education?
Q&As

Where parties to a divorce were living in England at the time that divorce proceedings were commenced and are now living in Spain can either party issue an application for a financial order in England?
Where parties to a divorce were living in England at the time that divorce proceedings were commenced and are now living in Spain can either party issue an application for a financial order in England?
Q&As

Where proceedings have been issued protectively, and the claim is issued but not served, can an application for pre-action disclosure still be made? Or does the claimant have to wait until formal post-action disclosure?
Where proceedings have been issued protectively, and the claim is issued but not served, can an application for pre-action disclosure still be made? Or does the claimant have to wait until formal post-action disclosure?
Q&As

Where property is registered in the joint names of A and B who are divorced, and B received a lump sum payment from A some years ago in consideration of transferring B’s share of the property to A but no consent order was obtained on divorce recording this, how should this be recorded in the transfer of equity from B to A and what are the possible implications, if any, for A?
Where property is registered in the joint names of A and B who are divorced, and B received a lump sum payment from A some years ago in consideration of transferring B’s share of the property to A but no consent order was obtained on divorce recording this, how should this be recorded in the transfer of equity from B to A and what are the possible implications, if any, for A?
Q&As

Where rent is paid at intervals of six months or longer under an assured shorthold tenancy, what notice period should be given to terminate the tenancy under a section 21 notice?
Where rent is paid at intervals of six months or longer under an assured shorthold tenancy, what notice period should be given to terminate the tenancy under a section 21 notice?
Q&As

Where rights/easements were expressly reserved in a transfer of registered land and that transfer is noted in the title of the dominant land, insofar as the servient land is concerned, are those rights/easements overriding interests and so would not require registration against the title to the servient land to be legal easements and bind the servient land?
Where rights/easements were expressly reserved in a transfer of registered land and that transfer is noted in the title of the dominant land, insofar as the servient land is concerned, are those rights/easements overriding interests and so would not require registration against the title to the servient land to be legal easements and bind the servient land?
Q&As

Where separated parties own a property jointly as tenants in common in equal shares and the party who has moved out seeks a sale of the property while the other party remains in the property with their child from a previous relationship who attends a local school, can the party remaining in the property resist an order for sale as they do not want to disrupt their child’s education?
Where separated parties own a property jointly as tenants in common in equal shares and the party who has moved out seeks a sale of the property while the other party remains in the property with their child from a previous relationship who attends a local school, can the party remaining in the property resist an order for sale as they do not want to disrupt their child’s education?
Q&As

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