Katherine Illsley

This Q&A considers whether a consent order providing for a clean break at the conclusion of financial remedy proceedings can include a provision for the costs of the divorce.

This Q&A considers whether a district judge can grant the decree nisi at the first appointment of a financial remedy application, where both parties are present and in agreement that the decree nisi should be pronounced.

This Q&A examines whether a family assistance order can be made alongside a child arrangements order when permission is also given to relocate outside of the jurisdiction

This Q&A considers the rights of tenants to compensation for improvements under the Housing Act 1985 and the Leasehold Reform, Housing and Urban Development Act 1993.

This Q&A considers whether a lease for a term of five years, with security of tenure, can contain a rent review clause to take effect on the fifth anniversary of the lease.

This Q&A considers whether a local authority can enforce a statutory charge over a property created under section 22 of the Health and Social Services and Social Security Adjudications Act 1983, where the person is not yet deceased.

This Q&A considers whether a local authority’s right of first refusal on the sale of a former right to buy property applies only to the first relevant disposal or if it extends to subsequent relevant disposals within the ten-year period in the Housing (Right of First Refusal) (England) Regulations 2005, SI 2005/1917. It also considers if a local authority rejects an offer to buy-back a property and the tenant disposes of it as they wish, whether a subsequent buyer within the ten-year period would be bound by the same right of first refusal requirements.

This Q&A considers a mortgagee’s power of sale under section 104(1) of the Law of Property Act 1925 and whether that allows sale to itself.

This Q&A considers whether a mother with care of a disabled child may seek an order for periodical payments under ChA 1989, Sch 1 in order to help meet her outgoings including mortgage repayments on the family home.

This Q&A considers when the court may make a non-molestation order, or accept an undertaking on similar terms as a non-molestation order. It also considers what makes an effective undertaking.

This Q&A considers how adverse possession can be established with regard to both registered and unregistered land.

This Q&A considers whether the court has the power to vary a property adjustment order which had been made as a trust of land varying the parties’ beneficial interests in the former matrimonial home. It also considers whether consequential provisions such as date of sale or date for one spouse to buy the other out can be varied.

This Q&A considers whether a challenge may be made to a referral to local authority child protection services and in relation to a child protection conference.

This Q&A considers whether a respondent can be served with a divorce petition while in prison and whether an application can be made for deemed service.

This Q&A considers whether a Sears Tooth agreement can be entered into in relation to proceedings under TOLATA 1996.

This Q&A considers whether a tenant with a year-to-year tenancy is permitted to grant a sublease with a fixed term that lasts for longer than 12 months if the sublease contains a 12–month termination provision.

This Q&A considers whether a respondent may seek to expedite pronouncement of the decree absolute.

This Q&A considers whether it is possible for an adult to apply for the revocation of an adoption order made in respect of them during their minority.

This Q&A considers the impact of decree absolute on financial claims on death and the circumstances in which a decree absolute may be set aside.

This Q&A considers whether there is a minimum duration for an assured shorthold tenancy agreement. It also considers whether a landlord is able to seek an order for possession before the initial six months of the tenancy have elapsed.