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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 spouses own a property as joint tenants, will the joint tenancy be severed either by the issue of divorce proceedings or by pronouncement of decree absolute?
Where spouses own a property as joint tenants, will the joint tenancy be severed either by the issue of divorce proceedings or by pronouncement of decree absolute?
Q&As

Where spouses separate and one spouse remains in the former family home, but is unable to take over the mortgage so that the other spouse must remain on both the mortgage and the title to the property, will the non-occupying spouse have to pay the higher rate of stamp duty land tax if they purchase a new property to be their main dwelling?
Where spouses separate and one spouse remains in the former family home, but is unable to take over the mortgage so that the other spouse must remain on both the mortgage and the title to the property, will the non-occupying spouse have to pay the higher rate of stamp duty land tax if they purchase a new property to be their main dwelling?
Q&As

Where the Child Maintenance Service (CMS) has undertaken an assessment, is it for the court or the CMS to decide whether a parent who does not have care of the child is resident in this country or abroad for the purpose of establishing whether the court or the CMS has jurisdiction? In particular, can a parent with care apply for a court declaration that the other parent is not resident in this country (to trump the CMS), or are they bound by the CMS who have accepted jurisdiction?
Where the Child Maintenance Service (CMS) has undertaken an assessment, is it for the court or the CMS to decide whether a parent who does not have care of the child is resident in this country or abroad for the purpose of establishing whether the court or the CMS has jurisdiction? In particular, can a parent with care apply for a court declaration that the other parent is not resident in this country (to trump the CMS), or are they bound by the CMS who have accepted jurisdiction?
Q&As

Where the court has made a maintenance order for the benefit of a child, and one party’s financial circumstances change, should that party make an application to vary the order downwards rather than simply vary it themselves? What effect would such a scenario have on future enforcement proceedings as to unpaid maintenance?
Where the court has made a maintenance order for the benefit of a child, and one party’s financial circumstances change, should that party make an application to vary the order downwards rather than simply vary it themselves? What effect would such a scenario have on future enforcement proceedings as to unpaid maintenance?
Q&As

Where the criteria under section 17(1) of the Children Act 1989 (ChA 1989) as to a child in need is met, triggering the duties of a local authority, is interaction between the child’s parents and the local authority voluntary? Will a child automatically becomes subject to the child in need provisions, regardless of whether the parents agree or not, where the child has previously been subject to accommodation under ChA 1989, s 20 and an interim supervision order, when the child is no longer subject to ChA 1989, s 20 (for example, where the child returns home to the parent) but the interim supervision order is continuing?
Where the criteria under section 17(1) of the Children Act 1989 (ChA 1989) as to a child in need is met, triggering the duties of a local authority, is interaction between the child’s parents and the local authority voluntary? Will a child automatically becomes subject to the child in need provisions, regardless of whether the parents agree or not, where the child has previously been subject to accommodation under ChA 1989, s 20 and an interim supervision order, when the child is no longer subject to ChA 1989, s 20 (for example, where the child returns home to the parent) but the interim supervision order is continuing?
Q&As

Where the deceased's Will directs an NRB legacy to a pre-existing settlement (a pilot trust), would an appointment of this legacy to a surviving spouse within two years of the date of death qualify as an appointment of property settled by Will for the purposes of s 144 of IHTA 1984?
Where the deceased's Will directs an NRB legacy to a pre-existing settlement (a pilot trust), would an appointment of this legacy to a surviving spouse within two years of the date of death qualify as an appointment of property settled by Will for the purposes of s 144 of IHTA 1984?
Q&As

Where the decree absolute has been granted and the petitioner did not tick the boxes regarding financial orders in the petition, can the parties translate an agreement as to finances into a consent order for approval by the court?
Where the decree absolute has been granted and the petitioner did not tick the boxes regarding financial orders in the petition, can the parties translate an agreement as to finances into a consent order for approval by the court?
Q&As

Where the First-tier Tribunal (Property Chamber) is dealing with a contested application for a prescriptive easement: 1) Is there a usual order for costs, ie do costs follow the event, or is the usual order that each side bear their own costs? 2) The Tribunal have confirmed a date on which the applicant’s statement of case is due, and the respondent’s statement of case is due 28 days after receipt of the applicant’s statement of case—does this mean 28 days from the date confirmed by the Tribunal rather than 28 days from actual receipt of the applicant’s statement of case? 3) With prescriptive easements can the applicant rely on evidence from their predecessor in title?
Where the First-tier Tribunal (Property Chamber) is dealing with a contested application for a prescriptive easement: 1) Is there a usual order for costs, ie do costs follow the event, or is the usual order that each side bear their own costs? 2) The Tribunal have confirmed a date on which the applicant’s statement of case is due, and the respondent’s statement of case is due 28 days after receipt of the applicant’s statement of case—does this mean 28 days from the date confirmed by the Tribunal rather than 28 days from actual receipt of the applicant’s statement of case? 3) With prescriptive easements can the applicant rely on evidence from their predecessor in title?
Q&As

Where the freehold of a property is held by three individuals and one is missing and cannot be traced, how should the owner of a residential leasehold serve notice in terms of section 42 of the Leasehold Reform, Housing and Urban Development Act 1993 on the missing owner and is there some type of order which can be applied for?
Where the freehold of a property is held by three individuals and one is missing and cannot be traced, how should the owner of a residential leasehold serve notice in terms of section 42 of the Leasehold Reform, Housing and Urban Development Act 1993 on the missing owner and is there some type of order which can be applied for?
Q&As

Where the husband (applicant) issues an application for ancillary relief in Form A, the decree absolute has been pronounced, the former matrimonial home is in joint names and the wife (respondent) gets engaged, can it be argued that the respondent has joined issue to the ancillary relief application and is there case law to support that?
Where the husband (applicant) issues an application for ancillary relief in Form A, the decree absolute has been pronounced, the former matrimonial home is in joint names and the wife (respondent) gets engaged, can it be argued that the respondent has joined issue to the ancillary relief application and is there case law to support that?
Q&As

Where the landlord of a tenancy governed by the Agricultural Holdings Act 1986 (AHA 1986) receives a letter from a land agent (which doesn't specifically state that they are instructed by the executor or administrator of the tenant or acting on behalf of them) advising the landlord of the death of the tenant—would that letter suffice as the ‘date of any relevant notice’ pursuant to AHA 1986, Sch 3 Pt II para 12B?
Where the landlord of a tenancy governed by the Agricultural Holdings Act 1986 (AHA 1986) receives a letter from a land agent (which doesn't specifically state that they are instructed by the executor or administrator of the tenant or acting on behalf of them) advising the landlord of the death of the tenant—would that letter suffice as the ‘date of any relevant notice’ pursuant to AHA 1986, Sch 3 Pt II para 12B?
Q&As

Where the legal title of the landlord is shared by two co-owners, can the tenant enter into a valid new tenancy with just one of the co-owners, and without terminating the existing tenancy by notice to quit?
Where the legal title of the landlord is shared by two co-owners, can the tenant enter into a valid new tenancy with just one of the co-owners, and without terminating the existing tenancy by notice to quit?
Q&As

Where the new partner of a spouse who remains in occupation of the former matrimonial home moves into that property, can the non-occupying spouse make a claim for the new partner to pay them rent in relation to that property?
Where the new partner of a spouse who remains in occupation of the former matrimonial home moves into that property, can the non-occupying spouse make a claim for the new partner to pay them rent in relation to that property?
Q&As

Where the only asset of a marriage is a property owned by one party and their former spouse, and has never been occupied by that party’s current spouse, what steps can the current spouse take to protect their interest in that property? An application to register a restriction has been rejected by the Land Registry.
Where the only asset of a marriage is a property owned by one party and their former spouse, and has never been occupied by that party’s current spouse, what steps can the current spouse take to protect their interest in that property? An application to register a restriction has been rejected by the Land Registry.
Q&As

Where the parent of a 16-year-old child wishes to take the child out of the jurisdiction for a holiday in France and the other parent refuses to give their consent, can the child be taken on holiday without the other parent’s consent or is leave of the court required? How would the court approach an application for a specific issue order in relation to a 16-year-old child?
Where the parent of a 16-year-old child wishes to take the child out of the jurisdiction for a holiday in France and the other parent refuses to give their consent, can the child be taken on holiday without the other parent’s consent or is leave of the court required? How would the court approach an application for a specific issue order in relation to a 16-year-old child?
Q&As

Where the parties are divorced and the non-resident parent lives abroad and has assets in the UK, should an application for child maintenance be made under the Matrimonial Causes Act 1973 or under Schedule 1 to the Children Act 1989 where both are an option?
Where the parties are divorced and the non-resident parent lives abroad and has assets in the UK, should an application for child maintenance be made under the Matrimonial Causes Act 1973 or under Schedule 1 to the Children Act 1989 where both are an option?
Q&As

Where the parties executed a declaration of trust when engaged to be married, could this be considered to be a valid pre-nuptial agreement with the effect of designating assets as non-matrimonial property?
Where the parties executed a declaration of trust when engaged to be married, could this be considered to be a valid pre-nuptial agreement with the effect of designating assets as non-matrimonial property?
Q&As

Where the parties have entered into a pre-nuptial agreement and one party wishes to issue a notice to show cause for the agreement to be considered as a preliminary issue, what is the procedure for such an application? Where a financial application in Form A has already been issued, will the first appointment proceed or be vacated? Does a separate application need to be made if the first appointment is to be vacated? Are there circumstances in which such an application should be made in Form D11 under Part 18 of the Family Procedure Rules 2010, or is the Form A sufficient?
Where the parties have entered into a pre-nuptial agreement and one party wishes to issue a notice to show cause for the agreement to be considered as a preliminary issue, what is the procedure for such an application? Where a financial application in Form A has already been issued, will the first appointment proceed or be vacated? Does a separate application need to be made if the first appointment is to be vacated? Are there circumstances in which such an application should be made in Form D11 under Part 18 of the Family Procedure Rules 2010, or is the Form A sufficient?
Q&As

Where the parties reach a child arrangements order by consent which stipulates that the father is to have no contact with the child, is this likely to be approved by the court in the absence of the parties?
Where the parties reach a child arrangements order by consent which stipulates that the father is to have no contact with the child, is this likely to be approved by the court in the absence of the parties?
Q&As

Where the parties to a divorce both reside in the UK, and neither party owns any property in the UK but the petitioner owns property in a non-EU country, will the respondent have any rights to claim financial orders over that property within the divorce proceedings?
Where the parties to a divorce both reside in the UK, and neither party owns any property in the UK but the petitioner owns property in a non-EU country, will the respondent have any rights to claim financial orders over that property within the divorce proceedings?
Q&As

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