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

If the claimant died before the court approval hearing would the personal representatives of their estate
If the claimant died before the court approval hearing would the personal representatives of their estate
Q&A

This Q&A considers whether there is still a need for a court approval hearing in the event that the ‘protected party’ for whose benefit the court approval hearing would be listed dies before the hearing.

If the officer charged with reporting to the court under a monitoring order, which was made at the same
If the officer charged with reporting to the court under a monitoring order, which was made at the same
Q&A

This Q&A considers the next steps for a Cafcass officer charged with monitoring whether a child arrangements order is being complied with under a monitoring order who identifies a breach.

If two individuals own property as tenants in common in equal shares and one owner refuses to contribute
If two individuals own property as tenants in common in equal shares and one owner refuses to contribute
Q&A

This Q&A considers whether an adjustment may be made to the division of sale proceeds or otherwise to reflect the payment of outgoings within proceedings under the Trusts of Land and Appointment of Trustees Act 1996.

In a claim against an estate for monies owed under a child maintenance order representing unpaid
In a claim against an estate for monies owed under a child maintenance order representing unpaid
Q&A

This Q&A considers whether the usual limitation period applies in a claim against an estate for monies owed under a child maintenance order representing unpaid maintenance payments going back more than six years, or if the CSA or child maintenance service have any regulations relevant to this scenario.

In a financial remedy consent order, can the court order one party to pay a share of future bonuses to
In a financial remedy consent order, can the court order one party to pay a share of future bonuses to
Q&A

This Q&A considers whether the court has the jurisdiction to make an order within financial remedy proceedings that spousal maintenance can include a share of future bonuses, or whether such a provision would have to be drafted as an undertaking.

In a lease of 207 car parking spaces, there is no restriction on the ability to sublet the whole or part.
In a lease of 207 car parking spaces, there is no restriction on the ability to sublet the whole or part.
Q&A

This Q&A considers whether the tenant and/or the assignee would be liable for the service charge of the assigned parking spaces under the lease and what proportion of the service charge is to be paid by the liable party.

In a situation where there is a biological parent and a step-parent with parental responsibility (PR),
In a situation where there is a biological parent and a step-parent with parental responsibility (PR),
Q&A

This Q&A considers the obligations of a local authority to take into account the views of those with parental responsibility when taking action. It also considers what approach should be taken when two parties with parental consent do not agree with each other when making a decision.

In a title covenant, the Church commissioners covenanted with the original purchaser that if the property
In a title covenant, the Church commissioners covenanted with the original purchaser that if the property
Q&A

This Q&A considers whether an indemnity covenant protecting the original purchasers and successors in title against any claims made by adjoining owners for lack of support or damp will survive the demolishing and rebuilding of the property of the original purchasers.

In AHA 1986 tenancy of farmland, where the beneficial interest in the reversion is owned by two and acts
In AHA 1986 tenancy of farmland, where the beneficial interest in the reversion is owned by two and acts
Q&A

This Q&A considers which parties must consent where consent of the landlord is required under the Agricultural Holdings Act 1986.

In an employer’s liability case, the defendant’s insurers stated that during an investigation after the
In an employer’s liability case, the defendant’s insurers stated that during an investigation after the
Q&A

This Q&A considers in what circumstances an insurer can refuse to pay a claim in an employer’s liability case.

In care proceedings where the local authority’s final plan is for only private law orders to be made, is
In care proceedings where the local authority’s final plan is for only private law orders to be made, is
Q&A

This Q&A considers whether a threshold document is still required where care proceedings are issued but the local authority’s plan is for private children orders only.

In financial proceedings where no experts have been appointed by the court, if one party’s solicitor has
In financial proceedings where no experts have been appointed by the court, if one party’s solicitor has
Q&A

This Q&A considers whether an expert can be a court appointed single joint expert in financial proceedings if they have already received information and submissions from one of the party's solicitors without the agreement of the other party.

In financial remedy proceedings where it is believed that the parties’ adult children may hold financial
In financial remedy proceedings where it is believed that the parties’ adult children may hold financial
Q&A

This Q&A considers whether parties to financial remedy proceedings can compel their adult children to disclose financial information to them and to the court, and how.

In financial remedy proceedings, is it necessary for both parties to file form A if each are applying for
In financial remedy proceedings, is it necessary for both parties to file form A if each are applying for
Q&A

This Q&A considers whether the respondent within financial remedy proceedings should file their own form A in addition to the form A filed by the applicant, or whether this would be an unnecessary step.

In private children proceedings where one party has failed to file a statement pursuant to a directions
In private children proceedings where one party has failed to file a statement pursuant to a directions
Q&A

This Q&A considers the steps that could be taken if a party within private law children proceedings fails to comply with a direction to file and serve a witness statement.

In private children proceedings, a report under section 37 of the Children Act 1989 is to be sought,
In private children proceedings, a report under section 37 of the Children Act 1989 is to be sought,
Q&A

This Q&A considers who can prepare a report directed under ChA 1989, s 37.

In private children proceedings, can the court make findings of fact in relation to allegations said to
In private children proceedings, can the court make findings of fact in relation to allegations said to
Q&A

This Q&A considers whether a court can make findings of fact within private law children proceedings in relation to incidents alleged to have taken place outside the UK.

In private children proceedings, would a covert recording of the respondent, which shows them being
In private children proceedings, would a covert recording of the respondent, which shows them being
Q&A

This Q&A considers the admissibility of covert recordings as evidence within family law proceedings.

In private law Children Act 1989 (ChA 1989) proceedings, a ChA 1989, s 7 report was filed by Cafcass. At
In private law Children Act 1989 (ChA 1989) proceedings, a ChA 1989, s 7 report was filed by Cafcass. At
Q&A

This Q&A deals with ,r in private law Children Act 1989 (ChA 1989) proceedings, a ChA 1989, s 7 report was filed by Cafcass. At the first hearing dispute resolution appointment, one party did not agree with the section 7 report recommendations and requested the listing of a final contested hearing. The judge refused the request and made a final child arrangements order under ChA 1989, s 8. It considers the basis on which a judge can refuse to list a final hearing.

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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