Chris Bryden

This Q&A considers if, where there is an LPA in place for finance and property, the donor still has mental capacity and the LPA provides authority for the attorney to make decisions before the donor loses capacity, the attorney can bring legal proceedings on behalf of the donor in relation to cases such as public services or personal injury. It also considers whether such cases would be within the scope of the attorney's authority under the LPA, if not, whether the donor would have to bring any such proceedings themselves with the attorney only able to apply to become litigation friend once the donor has lost capacity.

This Q&A considers what a potential administrator can do while waiting for letters of administration in order to issue proceedings in time.

This Q&A considers circumstances in which two clients, soon to be married, wish to make mirror Wills and are both in the process of getting divorced from their previous spouses. In particular, the question considers whether a contemplation of marriage clause would be effective in these circumstances.

This Q&A considers whether possession proceedings can be brought against an executor with power reserved who remains in occupation of a residential property following termination of a right to occupy, by executors who have a grant.

This Q&A considers whether contributions to an interest only mortgage are treated differently to contributions to a repayment mortgage in a potential Trusts of Land and Appointment of Trustees Act 1996 claim.

This Q&A considers whether, where two women are married and one conceives through donor insemination, which was done informally and not through a licensed clinic and without the consent of her wife, the second woman acquires parental responsibility for the child by being registered on the child’s birth certificate.

This Q&A examines the provisions of section 17 of the Married Women’s Property Act 1882 and other remedies available to formerly engaged couples.

This Q&A considers who may pass legal ownership where it is unclear who the legal owners are.

This Q&A considers who is the correct person to be served with a section 26 request during the registration gap.

This Q&A considers the compensations payable by the landlord to the tenant in an agricultural tenancy, where the tenant undertakes improvements of the holding under the Agricultural Tenancies Act 1995.

This Q&A considers which form should be used to apply for leave to oppose an adoption order.

This Q&A examines the scope of legal services which may be provided by local authority legal departments in England and Wales.

This Q&A considers liability for a falling tree where tree preservation order permission to fell has been denied.

This Q&A considers potentially exempt transfers (PET) and the consequences as to inheritance tax where the PET fails.

This Q&A considers who should enter into a retrospective licence for alterations where a tenant has carried out unauthorised alterations and since assigned to a group company.

This Q&A considers why a landlord would apply to court having served a section 25 notice on the tenant.

This Q&A considers whether a claim for adverse possession, where 12 years of possession has been completed before 13 October 2003, where the registered land in question was initially subject to an informal ‘shared use arrangement’ between the Applicant and the Respondent (registered land owner) for use by the Applicant and the Respondent's tenants but the Applicant has taken exclusive occupation with an intention to exclude anyone else other than his invited visitors.

This Q&A considers whether a licence will automatically terminate if there is a change of ownership?

This Q&A considers whether a rentcharge registered against a freehold title can be enforceable against the owners of any leasehold titles.

This Q&A considers the status of an easement as an overriding interest when there has been succeeding transfers of title.