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New Square Chambers

Experts

10

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Aidan Briggs
Aidan Briggs
Barrister and Mediator
New Square Chambers
Alexander Learmonth
Alexander Learmonth , KC
Barrister
New Square Chambers
Christopher Snell
Christopher Snell
New Square Chambers
James McKean
James McKean
Barrister
New Square Chambers
James Saunders
James Saunders
Barrister
New Square Chambers
James Davies
James Davies
New Square Chambers
Jessica Powers
Jessica Powers
Barrister
New Square Chambers
Leigh Sagar
Leigh Sagar
Barrister
New Square Chambers
Mark Hubbard
Mark Hubbard
Barrister
New Square Chambers
Sarah Egan
Dr. Sarah Egan
Barrister
New Square Chambers
Contributions by New Square Chambers Experts

101

Where a business lease has expired can the tenant holding over assign their rights under the Landlord and Tenant Act 1954 to a third party?
Where a business lease has expired can the tenant holding over assign their rights under the Landlord and Tenant Act 1954 to a third party?
Q&As

Where a house is owned jointly by two people but is let by only one of them under an assured shorthold tenancy (AST), should the notice claiming possession be expressed to be from both owners and signed by both, or only the owner who is named as the landlord in the AST?
Where a house is owned jointly by two people but is let by only one of them under an assured shorthold tenancy (AST), should the notice claiming possession be expressed to be from both owners and signed by both, or only the owner who is named as the landlord in the AST?
Q&As

Where a landlord’s executors intend to oppose the grant of a new tenancy on ground (g) in section 30(1) of the Landlord and Tenant Act 1954, does the five-year rule still apply?
Where a landlord’s executors intend to oppose the grant of a new tenancy on ground (g) in section 30(1) of the Landlord and Tenant Act 1954, does the five-year rule still apply?
Q&As

Where a lease is to be extended in length and an updated agreed plan to be substituted for that in the existing lease (without affecting the demise), should this be documented as a surrender and regrant or can a simple lease variation be completed?
Where a lease is to be extended in length and an updated agreed plan to be substituted for that in the existing lease (without affecting the demise), should this be documented as a surrender and regrant or can a simple lease variation be completed?
Q&As

Where a party (A) has sold equipment which was on hire to it through an auction, can the owner of the equipment (B) make a claim against the auctioneer for the proceeds of sale?
Where a party (A) has sold equipment which was on hire to it through an auction, can the owner of the equipment (B) make a claim against the auctioneer for the proceeds of sale?
Q&As

Where a person has completed an online purchase (for services) and money has been taken from their account, can the company then return the customers money and refuse to provide the service? Does the customer have any right of specific performance?
Where a person has completed an online purchase (for services) and money has been taken from their account, can the company then return the customers money and refuse to provide the service? Does the customer have any right of specific performance?
Q&As

Where a secure business tenancy with three years to run is assigned and the assignor gives an authorised guarantee agreement (AGA) for the assignee, if the assignee applies for a new lease under the Landlord and Tenant Act 1954, will the AGA fall away? Can the landlord require the assignee at that stage to provide new security? How would the court determine the criteria for that security?
Where a secure business tenancy with three years to run is assigned and the assignor gives an authorised guarantee agreement (AGA) for the assignee, if the assignee applies for a new lease under the Landlord and Tenant Act 1954, will the AGA fall away? Can the landlord require the assignee at that stage to provide new security? How would the court determine the criteria for that security?
Q&As

Where a trust deed is missing the page where the power of appointment should be contained, but there is a covering letter from the solicitor who prepared the trust deed which references the power, can the power of appointment still be exercised by the trustees?
Where a trust deed is missing the page where the power of appointment should be contained, but there is a covering letter from the solicitor who prepared the trust deed which references the power, can the power of appointment still be exercised by the trustees?
Q&As

Where an attorney has taken out a grant of letters of administration for the person entitled as administrator in an intestate estate and the deceased was sole trustee of a lifetime settlement, who has power to appoint new trustees of the settlement?
Where an attorney has taken out a grant of letters of administration for the person entitled as administrator in an intestate estate and the deceased was sole trustee of a lifetime settlement, who has power to appoint new trustees of the settlement?
Q&As

Where an extension was built on a long leasehold house without the ground landlord’s consent, and the ground landlord has since accepted notice of change of ownership, can he now sue for the breach of covenant or has he waived this right by accepting the change of ownership notice?
Where an extension was built on a long leasehold house without the ground landlord’s consent, and the ground landlord has since accepted notice of change of ownership, can he now sue for the breach of covenant or has he waived this right by accepting the change of ownership notice?
Q&As

Where an individual dies intestate with a real property held as joint tenants with another individual (such that it passes by survivorship) and on which there is an outstanding mortgage liability (joint and several), does the mortgage liability pass to the surviving joint tenant or is it potentially payable out of the deceased's estate? This will impact on what is available in the estate on intestacy.
Where an individual dies intestate with a real property held as joint tenants with another individual (such that it passes by survivorship) and on which there is an outstanding mortgage liability (joint and several), does the mortgage liability pass to the surviving joint tenant or is it potentially payable out of the deceased's estate? This will impact on what is available in the estate on intestacy.
Q&As

Where an individual wishes to be cremated and to have their ashes buried together with their late spouse's ashes (which are currently stored in their home), but where the individual's daughter (not an executor) already opposes this wish, what can the individual do to (1) protect their late spouse's ashes after their death and (2) ensure that the daughter does not inherit under the Will unless the joint burial of the ashes takes place? Could the gift in the Will to the daughter be made conditional?
Where an individual wishes to be cremated and to have their ashes buried together with their late spouse's ashes (which are currently stored in their home), but where the individual's daughter (not an executor) already opposes this wish, what can the individual do to (1) protect their late spouse's ashes after their death and (2) ensure that the daughter does not inherit under the Will unless the joint burial of the ashes takes place? Could the gift in the Will to the daughter be made conditional?
Q&As

Where an unmarried couple are jointly purchasing a property, but one of them has a child from a previous relationship who will be living at the property with them, what can the other party put in place to protect his position in the event they separate and he wants to sell the property but she wants to stay living there with the child?
Where an unmarried couple are jointly purchasing a property, but one of them has a child from a previous relationship who will be living at the property with them, what can the other party put in place to protect his position in the event they separate and he wants to sell the property but she wants to stay living there with the child?
Q&As

Where an unopposed application for rectification of a Will is being made and one of the beneficiaries who needs to consent is a minor, does a litigation friend need to be appointed who will then need to instruct a solicitor to obtain a counsel’s opinion, followed by an infant approval order? Or can the executor (who is also a beneficiary) consent to the rectification and bind all the beneficiaries to the rectification/agreement for rectification?
Where an unopposed application for rectification of a Will is being made and one of the beneficiaries who needs to consent is a minor, does a litigation friend need to be appointed who will then need to instruct a solicitor to obtain a counsel’s opinion, followed by an infant approval order? Or can the executor (who is also a beneficiary) consent to the rectification and bind all the beneficiaries to the rectification/agreement for rectification?
Q&As

Where the beneficial interest of land is in the name of individuals and the legal title is registered in a now struck-off company (the directors and shareholders being the beneficially entitled individuals) is there a way they can register the title into their names without restoring the company?
Where the beneficial interest of land is in the name of individuals and the legal title is registered in a now struck-off company (the directors and shareholders being the beneficially entitled individuals) is there a way they can register the title into their names without restoring the company?
Q&As

Where the owner is building an extension on property A and needs to erect scaffolding on property B, if the owner of B refuses to grant a scaffolding licence, are there any statutory provisions that the owner of A can rely on?
Where the owner is building an extension on property A and needs to erect scaffolding on property B, if the owner of B refuses to grant a scaffolding licence, are there any statutory provisions that the owner of A can rely on?
Q&As

Where the sale of an estate asset by personal representatives attracts CGT, is the CGT payable from the net sale proceeds or the residuary estate?
Where the sale of an estate asset by personal representatives attracts CGT, is the CGT payable from the net sale proceeds or the residuary estate?
Q&As

Where there is a minor interest requiring two PRs, are three executors appointed in a testator's Will able to each appoint a different attorney to take out the grant of letters of administration with Will annexed? If so, are two of the executors able to appoint the same attorney with the third executor appointing a separate attorney?
Where there is a minor interest requiring two PRs, are three executors appointed in a testator's Will able to each appoint a different attorney to take out the grant of letters of administration with Will annexed? If so, are two of the executors able to appoint the same attorney with the third executor appointing a separate attorney?
Q&As

Who is an accredited financial investigator and what powers can they exercise under the Proceeds of Crime Act 2002 (POCA 2002)?
Who is an accredited financial investigator and what powers can they exercise under the Proceeds of Crime Act 2002 (POCA 2002)?
Q&As

Who should apply for a grant in the estate of a deceased individual who has died intestate while living in the Philippines and leaving no spouse but two minor issue and leaving only limited UK assets (none in the Philippines) and where the deceased was a beneficiary of their late mother's estate?
Who should apply for a grant in the estate of a deceased individual who has died intestate while living in the Philippines and leaving no spouse but two minor issue and leaving only limited UK assets (none in the Philippines) and where the deceased was a beneficiary of their late mother's estate?
Q&As

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