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4 King’s Bench Walk

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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 periodical payments order was made by consent in 2001 providing for 50% of a spouse’s pension to be paid direct by the pension company to the other spouse. The order was not made as a pension sharing or pension attachment order. The recipient spouse remarried at some point following the order being made, but the payments continued. On the basis that the periodical payments order should have ended on remarriage by virtue of section 28(1)(a) of the Matrimonial Causes Act 1973, how may the overpayments be recovered and from whom?
A periodical payments order was made by consent in 2001 providing for 50% of a spouse’s pension to be paid direct by the pension company to the other spouse. The order was not made as a pension sharing or pension attachment order. The recipient spouse remarried at some point following the order being made, but the payments continued. On the basis that the periodical payments order should have ended on remarriage by virtue of section 28(1)(a) of the Matrimonial Causes Act 1973, how may the overpayments be recovered and from whom?
Q&As

A petition issued in England and Wales based on unreasonable behaviour was withdrawn by consent as the respondent wished to reconcile. The respondent then issued their own petition in another European country, based on two years separation with consent. The period of two years includes a period of reconciliation. Can the original petitioner revive their unreasonable behaviour petition and resecure jurisdiction in England and Wales? What other options may be available to the original petitioner?
A petition issued in England and Wales based on unreasonable behaviour was withdrawn by consent as the respondent wished to reconcile. The respondent then issued their own petition in another European country, based on two years separation with consent. The period of two years includes a period of reconciliation. Can the original petitioner revive their unreasonable behaviour petition and resecure jurisdiction in England and Wales? What other options may be available to the original petitioner?
Q&As

A property abutting a roadway was conveyed within a rule 72 transfer in 1975. Is there any current case law which deals with the inclusion of the roadway within the title to the property either under the ad medium filum rule or pursuant to section 62 of the Law of Property Act 1925?
A property abutting a roadway was conveyed within a rule 72 transfer in 1975. Is there any current case law which deals with the inclusion of the roadway within the title to the property either under the ad medium filum rule or pursuant to section 62 of the Law of Property Act 1925?
Q&As

A property adjustment order has been made in relation to a property purchased under the ‘right to buy’ provisions of the Housing Act 1985 (HA 1985). The property is subject to a charge that provides for the repayment of the discount applied under the right to buy scheme. In such circumstances, will the landlord have a right of first refusal (per HA 1985, s 156A) or will the property adjustment order mean that it is an exempted disposal (per HA 1985, s 160)? Will the discount still be repayable (per HA 1985, s 155)?
A property adjustment order has been made in relation to a property purchased under the ‘right to buy’ provisions of the Housing Act 1985 (HA 1985). The property is subject to a charge that provides for the repayment of the discount applied under the right to buy scheme. In such circumstances, will the landlord have a right of first refusal (per HA 1985, s 156A) or will the property adjustment order mean that it is an exempted disposal (per HA 1985, s 160)? Will the discount still be repayable (per HA 1985, s 155)?
Q&As

A property is held as tenants in common. The first owner has died and the second lacks capacity. There is a life interest trust. The family have an enduring power of attorney (EPA) and want to add trustees to the title. Can this be done? If the family wish to sell do the trustees need further powers or leave of the court?
A property is held as tenants in common. The first owner has died and the second lacks capacity. There is a life interest trust. The family have an enduring power of attorney (EPA) and want to add trustees to the title. Can this be done? If the family wish to sell do the trustees need further powers or leave of the court?
Q&As

A property is held by A, B and C as tenants in common and a Form A restriction is registered on the proprietorship register. A has passed away but remains as a registered proprietor and no grant has been obtained with regards to A's estate. Can B and C sell the property?
A property is held by A, B and C as tenants in common and a Form A restriction is registered on the proprietorship register. A has passed away but remains as a registered proprietor and no grant has been obtained with regards to A's estate. Can B and C sell the property?
Q&As

A property is jointly owned and there is a declaration of trust setting out how the property is owned. One joint owner wishes to seek a sale of the property and there is a dispute as to the division of net sale proceeds. Should an application under the Trusts of Land and Appointment of Trustees Act 1996 be commenced under Part 7 or Part 8 of the Civil Procedure Rules 1998?
A property is jointly owned and there is a declaration of trust setting out how the property is owned. One joint owner wishes to seek a sale of the property and there is a dispute as to the division of net sale proceeds. Should an application under the Trusts of Land and Appointment of Trustees Act 1996 be commenced under Part 7 or Part 8 of the Civil Procedure Rules 1998?
Q&As

A property is owned by three siblings who hold the legal title. The property is trust property and the siblings are also trustees of the trust. Is it legally required to include details of the trust in a section 48 LTA notice or a new tenancy agreement or can the s48 notice and/or new tenancy agreement simply use the siblings names as landlords as per the title documents?
A property is owned by three siblings who hold the legal title. The property is trust property and the siblings are also trustees of the trust. Is it legally required to include details of the trust in a section 48 LTA notice or a new tenancy agreement or can the s48 notice and/or new tenancy agreement simply use the siblings names as landlords as per the title documents?
Q&As

A property is owned in Party A’s sole name. There is a declaration of trust that provides Party A has a 90% beneficial interest and Party B has a 10% beneficial interest. Party A wants to purchase Party B’s beneficial interest but Party B is refusing/will not agree the sale price. Party A wants to live in the property and does not want to sell it. Can Party A bring a claim for an order that Party B sell their interest to Party A at a price determined by the court?
A property is owned in Party A’s sole name. There is a declaration of trust that provides Party A has a 90% beneficial interest and Party B has a 10% beneficial interest. Party A wants to purchase Party B’s beneficial interest but Party B is refusing/will not agree the sale price. Party A wants to live in the property and does not want to sell it. Can Party A bring a claim for an order that Party B sell their interest to Party A at a price determined by the court?
Q&As

A property lacks formal planning permission for its current use. The buyer’s solicitor requested a statutory declaration from the seller’s solicitor to confirm the seller’s long user of the property. However, the seller’s solicitor has provided a statement of truth instead of a statutory declaration. Does a statement of truth have any formal legal effect in this context or should the buyer insist that a statutory declaration is provided instead?
A property lacks formal planning permission for its current use. The buyer’s solicitor requested a statutory declaration from the seller’s solicitor to confirm the seller’s long user of the property. However, the seller’s solicitor has provided a statement of truth instead of a statutory declaration. Does a statement of truth have any formal legal effect in this context or should the buyer insist that a statutory declaration is provided instead?
Q&As

A property was held by a couple as legal and beneficial joint tenants. The parties separated and the property was sold. The proceeds of sale are held in the conveyancing solicitor's client account pending a resolution of the dispute over how to split those proceeds of sale. Does a joint tenancy continue over the proceeds of sale and would it therefore need to be severed? In the circumstances, when making a claim under Trusts of Land and Appointment of Trustees Act 1996, would the court fee be for a monetary or non-monetary claim?
A property was held by a couple as legal and beneficial joint tenants. The parties separated and the property was sold. The proceeds of sale are held in the conveyancing solicitor's client account pending a resolution of the dispute over how to split those proceeds of sale. Does a joint tenancy continue over the proceeds of sale and would it therefore need to be severed? In the circumstances, when making a claim under Trusts of Land and Appointment of Trustees Act 1996, would the court fee be for a monetary or non-monetary claim?
Q&As

A provisional maintenance order was made in England and Wales and enforced in Singapore (where the paying party resides) under section 3 of the Maintenance Orders (Reciprocal Enforcement) Act 1972. If an agreement is reached between the parties as to the payment of arrears and future maintenance, can an application be made to vary the order by consent and include provision for the maintenance to be reduced pro tanto in the event of a calculation by the Child Maintenance Service (CMS)? If the paying party were to return to England and Wales, will the CMS then be able to make a calculation?
A provisional maintenance order was made in England and Wales and enforced in Singapore (where the paying party resides) under section 3 of the Maintenance Orders (Reciprocal Enforcement) Act 1972. If an agreement is reached between the parties as to the payment of arrears and future maintenance, can an application be made to vary the order by consent and include provision for the maintenance to be reduced pro tanto in the event of a calculation by the Child Maintenance Service (CMS)? If the paying party were to return to England and Wales, will the CMS then be able to make a calculation?
Q&As

A public path (owned by a Welsh Council) is becoming obstructed as a result of heavy rain on the private land above the path. Materials are slipping from the private land onto the path. This is a landslip, and is causing a nuisance as well a public safety concern and the council has to commit resources to then clear then obstruction. In light of the cases of Rylands v Fletcher and Leakey, can the council take action against the owner of the private land above the path? If so, what action? Would this be a public nuisance?
A public path (owned by a Welsh Council) is becoming obstructed as a result of heavy rain on the private land above the path. Materials are slipping from the private land onto the path. This is a landslip, and is causing a nuisance as well a public safety concern and the council has to commit resources to then clear then obstruction. In light of the cases of Rylands v Fletcher and Leakey, can the council take action against the owner of the private land above the path? If so, what action? Would this be a public nuisance?
Q&As

A register of title includes the following note—‘The land was formerly Copyhold of the...and on the enfranchisement thereof there were saved and excepted the rights reserved by the Copyhold Act 1852, section 48, such rights are not included in this registration’. What guidance and information is there on the legislation? Do these rights no longer apply and have they been extinguished?
A register of title includes the following note—‘The land was formerly Copyhold of the...and on the enfranchisement thereof there were saved and excepted the rights reserved by the Copyhold Act 1852, section 48, such rights are not included in this registration’. What guidance and information is there on the legislation? Do these rights no longer apply and have they been extinguished?
Q&As

A registered provider of social housing let a residential property on an affordable rent five-year fixed term assured shorthold tenancy. The tenant died halfway through the fixed term and the landlord wishes to regain possession. The property is now unoccupied. Can the landlord serve a notice to quit on the personal representatives/public trustee? If not, how can the landlord regain possession?
A registered provider of social housing let a residential property on an affordable rent five-year fixed term assured shorthold tenancy. The tenant died halfway through the fixed term and the landlord wishes to regain possession. The property is now unoccupied. Can the landlord serve a notice to quit on the personal representatives/public trustee? If not, how can the landlord regain possession?
Q&As

A residence order was made in relation to a step-parent for their step-child to live with them. The step-parent and the child’s mother lived together with the child, but they later separated and the child remained with the mother with the step-parent having contact. Does the step-parent still have parental responsibility for the child and what would be their status in any local authority care proceedings? Would section 11(5) of the Children Act 1989 have any impact on the residence order?
A residence order was made in relation to a step-parent for their step-child to live with them. The step-parent and the child’s mother lived together with the child, but they later separated and the child remained with the mother with the step-parent having contact. Does the step-parent still have parental responsibility for the child and what would be their status in any local authority care proceedings? Would section 11(5) of the Children Act 1989 have any impact on the residence order?
Q&As

A residential property was rented out under an assured shorthold tenancy in 2012 and no energy performance certificate (EPC) was commissioned or provided to the tenant. The fixed term of the tenancy expired in 2012 and the tenant remains in occupation under periodic tenancy. Is the landlord required to commission an EPC and provide it to the tenant?
A residential property was rented out under an assured shorthold tenancy in 2012 and no energy performance certificate (EPC) was commissioned or provided to the tenant. The fixed term of the tenancy expired in 2012 and the tenant remains in occupation under periodic tenancy. Is the landlord required to commission an EPC and provide it to the tenant?
Q&As

A respondent in divorce proceedings has filed a confidential address form. Must the petitioner's solicitors thereafter use that address for service (via the court) in relation to negotiations on financial issues? The petitioner's solicitors have obtained details of the respondent's whereabouts and actual address and residence via an enquiry agent. Are the petitioner's solicitors under a duty disclose to the respondent that they know the respondent’s address?
A respondent in divorce proceedings has filed a confidential address form. Must the petitioner's solicitors thereafter use that address for service (via the court) in relation to negotiations on financial issues? The petitioner's solicitors have obtained details of the respondent's whereabouts and actual address and residence via an enquiry agent. Are the petitioner's solicitors under a duty disclose to the respondent that they know the respondent’s address?
Q&As

A respondent to an application for a non-molestation order wishes to contest the allegations. They wish to adduce in evidence a video clip made on their phone to corroborate their version of events but the clip briefly shows the female applicant partially clothed. Are there any rules or special considerations that need to be complied with in order to adduce the video as evidence?
A respondent to an application for a non-molestation order wishes to contest the allegations. They wish to adduce in evidence a video clip made on their phone to corroborate their version of events but the clip briefly shows the female applicant partially clothed. Are there any rules or special considerations that need to be complied with in order to adduce the video as evidence?
Q&As

A reversionary lease has been granted with the term commencement date being in December 2018. Can an underlease be granted out of that reversionary lease before the term commencement date for the reversionary lease has started?
A reversionary lease has been granted with the term commencement date being in December 2018. Can an underlease be granted out of that reversionary lease before the term commencement date for the reversionary lease has started?
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