Katherine Illsley

This Q&A considers whether in private law children proceedings under section 8 of the Children Act 1989, if a party is thought to lack capacity to litigate, is there guidance as to how the court would determine the issue of whether to appoint a litigation friend if that party refuses to comply with expert assessment.

This Q&A considers whether social services can be ordered to serve the respondent in circumstances where the whereabouts of the respondent is unknown to the applicant in private law children proceedings under the ChA 1989.

This Q&A considers the admissibility of a party disclosing to the courts confidential information belonging to the other party.

This Q&A considers what steps should be taken in the event that a respondent within proceedings, under Part IV of the Family Law Act 1996, has threatened not only the applicant but also the applicant’s solicitors.

This Q&A considers the confidentiality of information following the conclusion of private law children proceedings.

This Q&A considers the exception in section 40 of the Trustee Act 1925 in relation to mortgaged land.

This Q&A considers the overlap between dilapidations claims and claims for breach of covenant to maintain or repair.

This Q&A considers whether a judgment creditor is required to attend in person on the hearing of a judgment summons.

This Q&A considers when a local authority may be asked by the court to provide assistance in a private law children case. In this Q&A, ‘private law children cases’ are taken to mean applications made by private individuals in respect of a child, for example an application by a father for a child arrangements order under ChA 1989, s 8.

This Q&A considers in what circumstances third parties, such as friends and family members, who have funded family proceedings for a friend or relative might become liable for costs in those proceedings.

This Q&A considers whether the MEES requirements apply to a property that is rented out under a common law tenancy to a company in the same way as they would apply to a property rented out to an individual (natural or corporate).

This Q&A examines what rights are given by a deed of delegation of parental responsibility and whether it is enforceable.

This Q&A considers whether a self-renewing child maintenance order is permissible under the provisions of the Child Support Act 1991 and the enforceability of such an order if made.

This Q&A considers whether an oral agreement between the owner of a property (the property) and an occupier (the occupier) that the latter might occupy the property would be categorised as a tenancy at will. The only term that has been agreed between the landlord and the occupier is that the rent payable is £600 per month.

This Q&A considers whether a cohabitation contract can exclude any right of action that one cohabitant may have against the other.

This Q&A considers whether a joint application may be made so as to vary an order for sale in family proceedings.

This Q&A looks at whether a hut on land used for camping requires planning permission.

This Q&A discusses the forfeiture options available to a landlord of a business tenancy where consideration needs to be given to a tenant who is lawfully residing in the mixed use premises.

This Q&A considers the order typically made by the court in relation to the funding of an expert report within private law children proceedings. It also considers whether there is a specific form used in order for the court to assess a party’s means when considering what order to make in relation to the funding of an expert report.

This Q&A considers what factors the court might consider where it is alleged that too much time has passed between the formation of a pre-nuptial agreement and the date on which the parties married.