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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 the parties to a divorce in which a financial consent order was made providing for one party to retain the proceeds of sale of the former matrimonial home, and the other party their pension, together with a clean break order, and the parties then reconcile and remarry each other, will the court have regard to the previous order and clean break? Will the parties only be entitled to a share in assets, including pensions, that have accumulated since they remarried? Could the remarriage constitute a Barder event sufficient to set aside the consent order?
Where the parties to a divorce in which a financial consent order was made providing for one party to retain the proceeds of sale of the former matrimonial home, and the other party their pension, together with a clean break order, and the parties then reconcile and remarry each other, will the court have regard to the previous order and clean break? Will the parties only be entitled to a share in assets, including pensions, that have accumulated since they remarried? Could the remarriage constitute a Barder event sufficient to set aside the consent order?
Q&As

Where the payer of maintenance resides in the UK, and the payee intends to move to the US in due course, is there any advantage for the payer if the maintenance payments are index-linked to the UK consumer price index rather than the US equivalent?
Where the payer of maintenance resides in the UK, and the payee intends to move to the US in due course, is there any advantage for the payer if the maintenance payments are index-linked to the UK consumer price index rather than the US equivalent?
Q&As

Where the petition has been personally served on a respondent, but their address is unknown and they have not returned an acknowledgment of service, is the petitioner under an obligation to serve decree nisi and decree absolute on the respondent?
Where the petition has been personally served on a respondent, but their address is unknown and they have not returned an acknowledgment of service, is the petitioner under an obligation to serve decree nisi and decree absolute on the respondent?
Q&As

Where the police exercise their powers to accommodate a child in cases of emergency for a period of 72 hours under section 46 of the Children Act 1989, on the expiry of that period of time, can the police re-exercise their powers of protection and accommodate the child for a further consecutive 72 hours?
Where the police exercise their powers to accommodate a child in cases of emergency for a period of 72 hours under section 46 of the Children Act 1989, on the expiry of that period of time, can the police re-exercise their powers of protection and accommodate the child for a further consecutive 72 hours?
Q&As

Where the proposed defendant is deceased and there are no personal representatives, when making a claim against the estate of the deceased under CPR 19.12(3), who is the claim served on?
Where the proposed defendant is deceased and there are no personal representatives, when making a claim against the estate of the deceased under CPR 19.12(3), who is the claim served on?
Q&As

Where the respondent does not admit adultery, how may it be proved?
Where the respondent does not admit adultery, how may it be proved?
Q&As

Where the respondent to an application for a non-molestation order is aged 16, can an order be made in their absence if they do not attend the hearing?
Where the respondent to an application for a non-molestation order is aged 16, can an order be made in their absence if they do not attend the hearing?
Q&As

Where the tenant of an office building is holding over under the Landlord and Tenant Act 1954 (LTA 1954) protected lease, can the landlord still claim the costs of repair and improvement works to the common parts from the tenant via the service charge? Would the position be any different if the tenant had already given notice pursuant to LTA 1954, s 27 to bring the tenancy to an end?
Where the tenant of an office building is holding over under the Landlord and Tenant Act 1954 (LTA 1954) protected lease, can the landlord still claim the costs of repair and improvement works to the common parts from the tenant via the service charge? Would the position be any different if the tenant had already given notice pursuant to LTA 1954, s 27 to bring the tenancy to an end?
Q&As

Where the tenant of the Landlord and Tenant Act 1954 (LTA 1954) premises is a limited company and is not in occupation, but is wholly owned by an limited liability partnerships (LLP) which is in occupation for business purposes, is the limited company able to rely on section 42 and seek a renewal lease under LTA 1954?
Where the tenant of the Landlord and Tenant Act 1954 (LTA 1954) premises is a limited company and is not in occupation, but is wholly owned by an limited liability partnerships (LLP) which is in occupation for business purposes, is the limited company able to rely on section 42 and seek a renewal lease under LTA 1954?
Q&As

Where there are cast iron/steel channels in public footways which carry rain water from residential properties, whose responsibility is it to maintain/repair?
Where there are cast iron/steel channels in public footways which carry rain water from residential properties, whose responsibility is it to maintain/repair?
Q&As

Where there are three joint owners of property, one of whom is in occupation, how can the two non-occupiers set the rent and other terms by which the other occupies? If the occupying owner does not consent to their proposed rent, do they have to make a claim under the Trustees of Land and Appointment of Trustees Act?
Where there are three joint owners of property, one of whom is in occupation, how can the two non-occupiers set the rent and other terms by which the other occupies? If the occupying owner does not consent to their proposed rent, do they have to make a claim under the Trustees of Land and Appointment of Trustees Act?
Q&As

Where there has been a failure to serve notice of the right of first refusal under the Landlord and Tenant Act 1987 which parties would have been qualifying tenants and what is the effect of the same on a subsequent transfer?
Where there has been a failure to serve notice of the right of first refusal under the Landlord and Tenant Act 1987 which parties would have been qualifying tenants and what is the effect of the same on a subsequent transfer?
Q&As

Where there is a child arrangements order in place, should an application seeking to suspend that order be made on Form C100 or C2?
Where there is a child arrangements order in place, should an application seeking to suspend that order be made on Form C100 or C2?
Q&As

Where there is a covenant not to use the property except as a private residence/dwellinghouse, would this be breached if the landlord was a local authority?
Where there is a covenant not to use the property except as a private residence/dwellinghouse, would this be breached if the landlord was a local authority?
Q&As

Where there is a decree of judicial separation, if one party died, would the surviving spouse be eligible for a widow’s pension from the deceased party’s pension? Would the surviving spouse also be eligible for the state bereavement allowance (formerly known as ‘widow’s pension’)?
Where there is a decree of judicial separation, if one party died, would the surviving spouse be eligible for a widow’s pension from the deceased party’s pension? Would the surviving spouse also be eligible for the state bereavement allowance (formerly known as ‘widow’s pension’)?
Q&As

Where there is a non-molestation order preventing a parent from contacting a child, but then an order for contact is made in proceedings under the Children Act 1989 (ChA 1989), if the other parent does not agree to the non-molestation order being varied to allow contact to take place, can the court in ChA 1989 proceedings vary the non-molestation order? If so, will that be sufficient to ensure that the parent subject to the non-molestation order is not in breach of that order by having contact with the child?
Where there is a non-molestation order preventing a parent from contacting a child, but then an order for contact is made in proceedings under the Children Act 1989 (ChA 1989), if the other parent does not agree to the non-molestation order being varied to allow contact to take place, can the court in ChA 1989 proceedings vary the non-molestation order? If so, will that be sufficient to ensure that the parent subject to the non-molestation order is not in breach of that order by having contact with the child?
Q&As

Where there is a right of way registered on the freehold title, will this right automatically pass to the leasehold title?
Where there is a right of way registered on the freehold title, will this right automatically pass to the leasehold title?
Q&As

Where there is a standard restriction registered against a title preventing 'dispositions' without complying with certain conditions, would the discharge and release of a charge over the property be a disposition that would require compliance with the restriction?
Where there is a standard restriction registered against a title preventing 'dispositions' without complying with certain conditions, would the discharge and release of a charge over the property be a disposition that would require compliance with the restriction?
Q&As

Where there is an urgent need for the estate to issue, say to avoid limitation or to protect the estates assets, what can a potential administrator do while waiting for letters of administration or indeed a limited grant in terms of establishing a position where they can issue proceedings in time?
Where there is an urgent need for the estate to issue, say to avoid limitation or to protect the estates assets, what can a potential administrator do while waiting for letters of administration or indeed a limited grant in terms of establishing a position where they can issue proceedings in time?
Q&As

Where two cohabitants (who have no children) are to separate and have agreed that one party shall pay regular monthly payments to the other, would the agreement be enforceable (presuming it is made by deed, that each party having had the benefit of legal advice and entered into it freely)? What would the most appropriate enforcement mechanism be in the event of default by the payer?
Where two cohabitants (who have no children) are to separate and have agreed that one party shall pay regular monthly payments to the other, would the agreement be enforceable (presuming it is made by deed, that each party having had the benefit of legal advice and entered into it freely)? What would the most appropriate enforcement mechanism be in the event of default by the payer?
Q&As

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