Chris Bryden

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.

This Q&A considers the procedure where an application is made to vary a child arrangements order that is already subject to an application for enforcement.

This Q&A looks at whether CIL is payable where outline planning permission is granted prior to a charging schedule being in place, where the charging schedule is in place by the time of grant of the approval of reserved matters.

This Q&A considers whether consent is necessary when a covenant is made to the effect that any further disponee will comply with any positive covenants.

This Q&A considers whether an order for sale made under the Trusts of Land and Appointment of Trustees Act 1996 (TOLATA 1996) may be deferred until the youngest child of former cohabitants has left full time education.

This Q&A considers whether either party to divorce proceedings commenced in England can issue an application for a financial order in England despite now living in Spain.

This Q&A considers the process of issuing proceedings under CPR 7 and the mechanism for a prospective claimant in litigation to bring an application for disclosure before proceedings have started.

This Q&A considers how a property registered in the joint names of A and B (divorced), where B received a lump sum payment from A in consideration of transferring B’s share of the property to A without a consent order obtained on divorce recording it, should be recorded in the transfer of equity from B to A and possible implications for A.

This Q&A considers what notice period is required for a section 21 notice, for termination of an AST.

This Q&A considers the position where an easement has been registered in the title register of the dominant land but has not been noted in the title register of the servient land.

This Q&A considers whether higher rate of stamp duty land tax is payable where a spouse retains an interest in the former matrimonial home and wishes to purchase a further property.

This Q&A looks at the effect of the grant of an underlease for a term that is longer than the term of the lease (eg that it operates as an assignment of the lease). It also considers the interaction of this rule with leases that benefit from the protection of Part II of the Landlord and Tenant Act 1954. It also looks at the term of a discontinuous lease.

This Q&A considers the position where there are insufficient assets within an estate to discharge the legacies under the deceased’s will and whether an executor could be liable to pay any outstanding liabilities remaining after distribution of the estate.

This Q&A considers the effect of forfeiture proceedings on a tenant's ability to seek a business lease renewal under the Landlord and Tenant Act 1954.