Katherine Illsley

This Q&A considers what steps may be taken where a party is unable to be released from a mortgage in relation to the former matrimonial home and an order for sale is sought following an earlier consent order.

This Q&A looks at the implications of the death of a party after a trigger event in a financial consent order but prior to payment under the terms of the order.

This Q&A considers the steps that can be taken by parties in the event that a financial remedy order provided for the former matrimonial home to be sold, but it has not been possible to find a buyer.

This Q&A considers whether a freeholder can get an injunction for a right of light where it has no way of enjoying the right of light as it has granted a 999 year lease.

This Q&A considers the actions that may be faced by a local authority in the event it fails to review its rights of way improvement plan after ten years.

This Q&A considers whether a landlord is able to serve a valid s 21 notice on a tenant when no energy performance certificate (EPC), gas safety certificate or government booklet has ever been given to the tenant.

This Q&A outlines the circumstances in which the tenant can be asked to give an authorised guarantee agreement (AGA) to the assigned tenant under a reversionary lease.

This Q&A considers the options available to a landlord needing to recover both possession of the property and the outstanding rent areas at the same time. It specifically considers the option of using the accelerated procedure for possession under s 21 of the Housing Act 1988.

This Q&A considers whether the terms of a notice served under section 5D of the Landlord and Tenant Act 1987 can be changed.

This Q&A considers whether a living room containing a gas appliance fire can be used as a bedroom by tenants.

This Q&A considers whether a lease can be a valid deed where it does not use the word ‘deed’.

This Q&A considers the steps that should be taken by a local authority if they wish to change the surname of a child who is subject to a care order.

This Q&A considers the legal implications and potential parental responsibility of a man who was included on a child’s birth certificate, but later found out that he is not the child’s biological father.

This Q&A considers how the court is likely to treat an asset that has accrued post-separation. In this particular scenario the asset is the equity in the former matrimonial home, the value of which has risen since the parties separated. The equity has further increased as a result of the mortgage payments made by the spouse who remained in occupation following separation.

This Q&A looks at whether one co-owner can prevent the other from granting permission for someone else to live in the property.

This Q&A considers whether a mother may change a child’s forename without the consent of the father when the father does not have parental responsibility but is involved in the child’s life.

This Q&A explores whether a non-molestation order can be enforced against a respondent who resides abroad.

This Q&A considers how the CMS calculates the amount of child maintenance that should be paid by a non-resident parent who is self-employed.

This Q&A considers whether a party can claim spousal maintenance from their first spouse when they have remarried and subsequently divorced a second spouse.

This Q&A considers whether a party (the transferor) may apply to vary or discharge a pension sharing order in the event that it has not been implemented and the other party (the transferee) can no longer be traced in order to effect implementation.