Chris Bryden

This Q&A looks at the drafting of lump sum orders in financial proceedings, and the circumstances in which an undertaking may be required together with the provisions regarding undertakings contained in the Family Procedure Rules 2010 (FPR 2010). It also considers enforcement of an undertaking.

This Q&A considers what a transferor can do to compel the transferee to proceed and complete the registration if the OE is keen to remove itself from the ROE and whether an application to the Court/Tribunal be required under LRR 2003?

This Q&A considers whether the court has jurisdiction to order periodical payments for a child that is not disabled to include a carer’s allowance where an unmarried parent's income does not exceed the maximum threshold for an assessment via the Child Maintenance Service.

This Q&A considers whether deed of variation confirming that the new plan is substituted for the existing one is appropriate where an updated plan needs to be substituted for the existing lease plan, especially, when the terms of the lease itself are not changing and the extent of the demise is not increasing.

Mini summary: The Q&A considers the definition of the terms ‘Electric Vehicle’ and ‘Electric Motor Cycle’ in legislation for the purposes of an Off-Street Traffic Order made under section 32 of the Road Traffic Regulation Act 1984.

This Q&A relates to the position of cohabitees who jointly own property.

This Q&A considers the remedies available to a landlord where the buyer has not signed the lease prior to the agreed completion.

This Q&A considers whether the terms of a consent order ordering the husband to transfer his interest in the matrimonial home severs a joint tenancy and whether the husband’s interest reverts to him by survivorship in the event the wife dies before the transfer is complete.

Guidance on the protection afforded to personal representatives when they are on notice of a potential claim against the estate but want to distribute as the claim is not being actively pursued.

This Q&A considers the position of grandparents with parental responsibility in an application by the stepmother for an order under section 8 of the Children Act 1989 that the children should live with her.

This Q&A considers industrial units that are let but have EPC ratings of F or G, whether the freehold owner can sell the units subject to the leases with the current EPC grades or can the leases be terminated on the basis they are let unlawfully and if so on what specific grounds. The freeholder does not wish to incur expense of bringing the units up to an EPC rating of E.

This Q&A considers whether, where it is not practicable (due to a redundancy situation) for an employer to continue to employ an employee returning from maternity leave under her existing contract of employment, and the employer is required under the Maternity and Parental Leave etc Regulations 1999, SI 1999/3312, reg 10 to offer the employee any suitable alternative vacancy that exists, there any obligations on the employer to consider terminating the contract of a self-employed worker carrying out the same role as the returning employee and offering her that role either on self-employed terms or again as an employee.

This Q&A considers what is required to release a fixed and floating charge with negative pledge at Companies House which is also registered at the HM Land Registry.

This Q&A considers whether beneficiaries can bring an action to force the sale of land where the land forming part of the estate has already been vested in the PR.

This Q&A considers whether a written undertaking not to do a specified act can be enforced where no proceedings have been issued.

This Q&A considers the costs position where an offer under CPR 36 has been made and accepted prior to the issue of proceedings.

This Q&A considers how the occupation of a family member should be documented where they do not make any rent contributions.

This Q&A looks at whether conditions in a commercial lease are void where a condition for assignment requires a tenant’s guarantor to guarantee an assignee’s performance of covenants.

This Q&A considers what may be done where one of the parties to a step-parent parental responsibility agreement lives abroad and is unable to return to the UK to have their signature witnessed by one of the people stipulated on Form C(PRA2)), namely a justice of the peace, a justices’ clerk, an assistant to a justices’ clerk, or a court official who is authorised by the judge to administer oaths, and what alternative abroad would be accepted by the courts in England?

This Q&A considers when a resulting trust is capable of arising.