Katherine Illsley#2240

Katherine Illsley

Katherine’s family practice covers matrimonial finance, TOLATA, Schedule 1, and private law children proceedings. She has experience acting for local authorities, guardians and parents in public law children cases, including in cases involving allegations of non-accidental injuries.

Katherine also is regularly instructed in housing and property work, and due to the frequent crossover with family law has a particular interest in cases involving trusts.

Contributed to

298

A petition issued in England and Wales based on unreasonable behaviour was withdrawn by consent as the
A petition issued in England and Wales based on unreasonable behaviour was withdrawn by consent as the
Q&A

This Q&A considers the steps that could be taken by a respondent to a petition for divorce issued in another European jurisdiction.

A property is owned in Party A’s sole name. There is a declaration of trust that provides Party A has a
A property is owned in Party A’s sole name. There is a declaration of trust that provides Party A has a
Q&A

This Q&A considers the options available to an individual (Party A) where they own a property in their sole name but held on trust for themselves and another individual (Party B). 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 to sell or will not agree the sale price.

A provisional maintenance order was made in England and Wales and enforced in Singapore (where the paying
A provisional maintenance order was made in England and Wales and enforced in Singapore (where the paying
Q&A

This Q&A considers whether parties can vary by agreement an order for child maintenance that had originally been made in the jurisdiction of England and Wales and enforced in Singapore.

A residence order was made in relation to a step-parent for their step-child to live with them. The
A residence order was made in relation to a step-parent for their step-child to live with them. The
Q&A

This Q&A considers the parental responsibility position of a step-parent.

A respondent to an application for a non-molestation order wishes to contest the allegations. They wish
A respondent to an application for a non-molestation order wishes to contest the allegations. They wish
Q&A

This Q&A considers the guidance and considerations that the court might have when determining whether to permit a respondent to adduce in evidence a covert recording of the applicant within proceedings under the Family Law Act 1996.

A right to manage (RTM) landlord fails to carry out works which have been paid for by the tenants through
A right to manage (RTM) landlord fails to carry out works which have been paid for by the tenants through
Q&A

This Q&A looks at how an individual tenant may challenge an RTM landlord, where the landlord has failed to carry out works that have been paid for by the tenants through the service charge. It also considers what a reasonable period may be to carry out works.

A spouse has transferred the jointly held legal title of the matrimonial home to the sole name of the
A spouse has transferred the jointly held legal title of the matrimonial home to the sole name of the
Q&A

This Q&A considers whether a spouse can register a home rights notice against the matrimonial home after they have transferred their share of the jointly held title to the other spouse.

A teenage child has been placed with another family member under an interim care order and attends a
A teenage child has been placed with another family member under an interim care order and attends a
Q&A

This Q&A considers the effect of an interim care order by virtue of which parties hold parental responsibility for a child, and how that parental responsibility may be exercised.

A tenancy was solely in Party A’s name and has recently, via property adjustment order, been transferred
A tenancy was solely in Party A’s name and has recently, via property adjustment order, been transferred
Q&A

This Q&A considers when a party becomes eligible for the right to buy discount after an eligible tenancy has been transferred into their sole name under a property adjustment order after having been in the sole name of a different party previously.

A tenant has served a section 42 notice requesting a new lease for a term of 999 years at a nil ground
A tenant has served a section 42 notice requesting a new lease for a term of 999 years at a nil ground
Q&A

This Q&A considers whether a tenant’s section 42 notice is invalidated by requesting a new term of 999 years.

A tenant holds over following the expiry of a Landlord and Tenant 1954 protected lease. The term
A tenant holds over following the expiry of a Landlord and Tenant 1954 protected lease. The term
Q&A

This Q&A considers the interim position of a landlord and tenant at the expiry of a protected business tenancy prior to the parties entering into a new lease.

A tenant of a 99-year lease was granted consent to carry out alterations 40 years ago. The plans attached
A tenant of a 99-year lease was granted consent to carry out alterations 40 years ago. The plans attached
Q&A

This Q&A considers a tenant’s approach to dilapidations and the question of which alterations should be reinstated when plans have been lost.

An individual had an interest in various properties as a tenant in common and his Will provided that his
An individual had an interest in various properties as a tenant in common and his Will provided that his
Q&A

This Q&A considers whether an individual’s interest in various properties as a tenant in common can be inherited by his wife, upon the individual’s death, without the involvement of the other co-owners.

Are there any cases in which the court has considered the grant of parental responsibility under section
Are there any cases in which the court has considered the grant of parental responsibility under section
Q&A

This Q&A considers the case law relating to the court’s appointment of a grant of parental responsibility under s 12(2A) of the Children Act 1989.

Are there any reported cases where the relationship between a same-sex couple who have a surrogate child
Are there any reported cases where the relationship between a same-sex couple who have a surrogate child
Q&A

This Q&A outlines the case law around the issue of parental responsibility in surrogacy cases where the same-sex couple’s relationship has broken down prior to a parental order being made.

Are there any rules around the recording of Child Protection Conferences? Can individuals record them via
Are there any rules around the recording of Child Protection Conferences? Can individuals record them via
Q&A

This Q&A considers the rules surrounding the recording of Child Protection Conferences, whether individuals can record them via electronic devices despite IRO warnings, and potential offences that might be committed.

As the Equality Act 2010 does not state who is liable for the costs of compliance, does this mean that
As the Equality Act 2010 does not state who is liable for the costs of compliance, does this mean that
Q&A

This Q&A considers who is responsible for the cost of compliance with the Equality Act 2010 in respect of premises let or to be let.

Assuming that an arrangement under section 20 of the Children Act 1989 can only be ended by a parent
Assuming that an arrangement under section 20 of the Children Act 1989 can only be ended by a parent
Q&A

This Q&A considers whether a child, who is looked after by a local authority, loses their ‘looked after’ status if they are returned to their parents’ care on a temporary basis because the residential school placement that was providing them with accommodation has closed due to coronavirus (COVID-19).

Can a civil partner register home rights against the former family home owned by the other civil partner
Can a civil partner register home rights against the former family home owned by the other civil partner
Q&A

This Q&A considers when a home rights notice may be registered against a property.

Practice Areas

Panels

  • Contributing Author
  • Q&A Panel
  • Specialist Panel

Qualified Year

  • 2010

Membership

  • Middle Temple
  • Family Law Bar Association
  • Association of Lawyers for Children

Education

  • BA in English Language and Literature, 2:1, University of Oxford
  • GDL, Oxford Brookes University, Merit
  • BVC, College of Law, Very Competent

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