Chris Bryden

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.

This Q&A considers IHTA 1984, s 144 and, where the deceased’s Will directs an NRB legacy to a pre-existing settlement (a pilot trust), whether an appointment of this legacy to a surviving spouse within two years of the date of death would qualify as an appointment of property settled by Will.

This Q&A considers whether the parties in divorce proceedings can situation where translate an agreement as to finances into a consent order for approval by the court in circumstances where the decree absolute has been granted however the petitioner made no application for financial remedy within the petition.

This Q&A considers how a prescriptive easement can be established when there is a dispute as to its existence.

This Q&A considers financial remedy proceedings and joined issue.

This Q&A considers whether a letter from a land agent can constitute notice of a tenant's death for the purpose of Case G in Schedule 3 to the Agricultural Holdings Act 1986.

This Q&A considers who is 'the landlord' for the purposes of the Leasehold Reform, Housing and Urban Development Act 1993.

This Q&A considers the extent to which co-owners of a legal interest in land can deal with it independently of one another.

This Q&A considers whether a non-occupying spouse can make a claim for the new partner of the occupying spouse to pay them rent in relation to their former matrimonial property.

This Q&A considers, where the parents of a child are not married, can the court order the mother to re-register the child’s birth so as to include the name of the father on the birth certificate.

This Q&A looks at the consideration of a marital agreement as a preliminary issue by a notice to show cause.

This Q&A considers the situation where the parties reach a child arrangements order by consent which stipulates that the father is to have no contact with the child and whether this is likely to be approved by the court in the absence of the parties.

This Q&A considers the rights to claim financial orders over property within divorce proceedings.