Chris Bryden

This Practice Note considers issues relating to the instruction of a forensic accountant to provide expert evidence as to the valuation of company or business assets within financial remedy proceedings, including applications for permission, matters to be dealt with in the letter of instruction, valuation methodology and minority interests.

This Practice Note provides guidance on the rules regarding the costs provisions of the Civil Procedure Rules 1998 (CPR), SI 1998/3132 and the circumstances in which they will apply to proceedings conducted by family lawyers, including claims made under the Trusts of Land and Appointment of Trustees Act 1996 (TOLATA 1996), the Inheritance (Provision for Family and Dependants) Act 1975 (I(PFD)A 1975) and some aspects of financial remedy proceedings. It also considers the factors taken into account by the court in determining costs, the types of costs orders that may be made, fixed costs and costs budgeting.

This Practice Note considers the different types of privilege that may arise in financial remedy proceedings, including legal professional privilege and litigation privilege. It also provides guidance on the circumstances in which privilege may be waived, considerations as to disclosure to third parties, without prejudice communications and procedural issues.

This Practice Note sets out the general approach to witness evidence in family proceedings as provided for in the Family Procedure Rules 2010 (FPR 2010), Pts 22 and 24, and the format such evidence should take, including where a witness is unable to read or sign their statement and in relation to a non-English speaking witness. It also provides guidance on filing and service, witness summonses, requirements for both interim and final hearings, deposition evidence and the memorandum issued by the President of the Family Division on witness evidence in November 2021.

This Q&A considers the circumstances when (A) established an inter vivos trust into which was placed property for the benefit of ‘descendants’. She now wishes her Will to include a number of pecuniary legacies which, in total, are likely to exceed at death, her available (non trust) assets.

This Q&A looks at the powers of an executor over the property of a deceased person and in particular the scope of those powers following a grant of probate where there is no surviving joint owner of the property.

This Q&A considers how a tenant in common may dispose of their share in a property to a third party by settling it on trust.

This Q&A considers whether, where a party has purported to terminate a contract for services where the contract is silent as to its right to terminate, can it rely on the other party's acknowledgment of such purported notice to terminate.

This Q&A looks at whether co-owners of freehold property can serve notices unilaterally.

This Q&A considers whether a surviving co-owner of property held as tenants in common, can appoint a second trustee to give good receipt where the deceased owner has appointed them as their attorney under a power of attorney.

This Q&A looks equitable claims for adverse possession.

This Q&A considers the position where part of a registered title is sold twice as a result of the first buyer having failed to register the transfer to them.

This Q&A considers thepractical process for winding up a charitable trust and, more specifically, the resolutions that must be passed by the trustees.

This Q&A considers the legal impact of the implementation of Martial law in Ukraine on any application for the removal of a child under the Hague Convention.

This Q&A discusses whether a father’s parental responsibility needs to be ascertained in accordance with a child’s birthplace or in accordance with their current domicile.

This Q&A considers how the issue fee for a claim under TOLATA 1996 for the beneficial interest in two properties, whose values are unclear, is calculated.

This Q&A considers the effect of a settlement agreement, entered into following a mutually agreed termination of employment, on a claimant’s ability to bring a claim for constructive unfair dismissal, and how the respondent employer should deal with such a claim in employment tribunal proceedings.

This Q&A consider whether, if a claimant landlord has issued a claim for arrears of service charge and ground rent via the Online Civil Money Claims system which was allocated to the small claims track, the landlord can seek an order for costs at the final hearing where a claim for costs was not included in the Particulars of Claim, but the lease contains a clause allowing the landlord to recover such sums.

This Q&A considers the issue of when a claimant landlord issues a debt claim against the current tenant for arrears of rent and a former tenant for the same arrears (it remains liable, following service of a section 17 notice). The former tenant files a defence and brings a claim for an indemnity from the current tenant (relying on the indemnity in the assignment). The claimant obtains default judgment for the full amount of arrears from the current tenant, but it remains unsatisfied, so it intends to proceed with its claim against the former tenant. This Q&A considers what a former tenant can do.

This Q&A considers without prejudice offers and in particular, whether late acceptance of a time limited offer can result in a binding settlement agreement.