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Chris Bryden#617

Chris Bryden

Barrister, 4 King’s Bench Walk
Chris was called to the Bar in 2003 and since that time has built a busy practice across a range of areas, with an emphasis on Chancery practice. He enjoys a well-deserved reputation for his knowledge and expertise in each area. He appears regularly in the County Court, Family Court and the High Court as well as various specialist Tribunals, and has been involved in cases up to and including the Supreme Court. He regularly is instructed at Appellate level. He has extensive and wide-ranging experience particularly in the areas of wills, probate and inheritance disputes; property including adverse possession, boundary disputes and issues arising out of trusts of land; company and commercial work and financial remedies. Chris is head of the Family Group and head of the Property Team at 4KBW.

Chris is the author of numerous articles in publications such as the New Law Journal, Counsel and Family Law, amongst many other titles, and is the co-author of Social Media in the Workplace: A Handbook (2015, Jordan Publishing).
Contributed to

723

A tenant took an assignment of an LTA 1954 statutory continuation tenancy lease. An unopposed section 25 notice was served, but the notice did not contain a schedule of proposed terms. Neither party made an application to court before the section 25 notice expired. The tenant has paid rent since the notice expired (a couple of months ago). What is the status of the tenant?
A tenant took an assignment of an LTA 1954 statutory continuation tenancy lease. An unopposed section 25 notice was served, but the notice did not contain a schedule of proposed terms. Neither party made an application to court before the section 25 notice expired. The tenant has paid rent since the notice expired (a couple of months ago). What is the status of the tenant?
Q&As
A testator died leaving a home-made Will appointing his wife as his executor but not as his trustee and leaving the estate residue to his wife and the marital home, which he owned, to his daughter, with a life interest to the wife. There is a life interest trust with no trustees appointed in the Will. How should a trustee or trustees be appointed in this situation? Can a written direction be given to the wife (as personal representative) by the daughter under section 19 of the Trust of Land & Appointment of Trustees Act 1996 to appoint trustees?
A testator died leaving a home-made Will appointing his wife as his executor but not as his trustee and leaving the estate residue to his wife and the marital home, which he owned, to his daughter, with a life interest to the wife. There is a life interest trust with no trustees appointed in the Will. How should a trustee or trustees be appointed in this situation? Can a written direction be given to the wife (as personal representative) by the daughter under section 19 of the Trust of Land & Appointment of Trustees Act 1996 to appoint trustees?
Q&As
A testator has a half share in farm land. The land is subject to a tenancy from 1984 in favour of the former farming partnership. The partnership was converted to a limited company several years after the tenancy agreement. The testator did not have an interest in the partnership. No deed of assignment was entered into but the company paid rent and half was paid to the testator. The tenancy agreement contains a provision for termination at the end of any year with a year’s notice. The tenancy will be caught by the provisions of the Agricultural Holdings Act 1986. Can a claim for agricultural property relief be made at 50% or 100%?
A testator has a half share in farm land. The land is subject to a tenancy from 1984 in favour of the former farming partnership. The partnership was converted to a limited company several years after the tenancy agreement. The testator did not have an interest in the partnership. No deed of assignment was entered into but the company paid rent and half was paid to the testator. The tenancy agreement contains a provision for termination at the end of any year with a year’s notice. The tenancy will be caught by the provisions of the Agricultural Holdings Act 1986. Can a claim for agricultural property relief be made at 50% or 100%?
Q&As
A third party has been joined to financial remedy proceedings as a result of a party asserting an interest in a property owned by the third party under the Trusts of Land and Appointment of Trustees Act 1996 (TOLATA 1996). Which costs form should the third party use for a pre-trial review/final hearing on the issue of the TOLATA 1996 claim, which is being dealt with as a preliminary matter within the financial remedy proceedings? Is it a Form H, N260, Precedent H or some other form?
A third party has been joined to financial remedy proceedings as a result of a party asserting an interest in a property owned by the third party under the Trusts of Land and Appointment of Trustees Act 1996 (TOLATA 1996). Which costs form should the third party use for a pre-trial review/final hearing on the issue of the TOLATA 1996 claim, which is being dealt with as a preliminary matter within the financial remedy proceedings? Is it a Form H, N260, Precedent H or some other form?
Q&As
A title document contains a statement that the owner shall ‘bear their share of the cost of a formal apportionment of the tithe rent charge affecting the land and the adjoining land of the Vendors’. Is this provision enforceable against the owner of the property?
A title document contains a statement that the owner shall ‘bear their share of the cost of a formal apportionment of the tithe rent charge affecting the land and the adjoining land of the Vendors’. Is this provision enforceable against the owner of the property?
Q&As
A transfer in form TR1 was completed seven years ago. Panel 10 provided that the transferees would hold the property as joint tenants. The transfer has been registered at HM Land Registry but an official copy reveals that it was not signed by the transferees. Is there a valid express declaration of trust with reference to section 53 (1)(b) of the Law and Property Act 1925?
A transfer in form TR1 was completed seven years ago. Panel 10 provided that the transferees would hold the property as joint tenants. The transfer has been registered at HM Land Registry but an official copy reveals that it was not signed by the transferees. Is there a valid express declaration of trust with reference to section 53 (1)(b) of the Law and Property Act 1925?
Q&As
A transferor intends to reserve rights in a transfer. The transferor owns large amounts of land nearby (but not necessarily adjoining) the property being transferred and it is registered under various different titles. Is there any case law which holds that benefitting land must adjoin or be within a reasonable distance of the property or that it should be limited to that remaining in the title out of which the property is transferred?
A transferor intends to reserve rights in a transfer. The transferor owns large amounts of land nearby (but not necessarily adjoining) the property being transferred and it is registered under various different titles. Is there any case law which holds that benefitting land must adjoin or be within a reasonable distance of the property or that it should be limited to that remaining in the title out of which the property is transferred?
Q&As
A trust deed allows the trustees to vary the 'administrative provisions' of the settlement. We would like to vary the settlement to allow the trustees to make decisions as a majority (the trust deed is currently silent on how trustees should make decisions). Would this come under the scope of an 'administrative provision'?
A trust deed allows the trustees to vary the 'administrative provisions' of the settlement. We would like to vary the settlement to allow the trustees to make decisions as a majority (the trust deed is currently silent on how trustees should make decisions). Would this come under the scope of an 'administrative provision'?
Q&As
A trust holds the beneficial ownership of shares in a company of which one trustee is a director. Of the three beneficiaries, two are adults and there is a declaration of trust in respect of the shares held for them. The other is a minor and there is a separate declaration of trust for him. What would or should happen to the company shares on the death of a beneficiary? Neither declaration of trust deals with this issue.
A trust holds the beneficial ownership of shares in a company of which one trustee is a director. Of the three beneficiaries, two are adults and there is a declaration of trust in respect of the shares held for them. The other is a minor and there is a separate declaration of trust for him. What would or should happen to the company shares on the death of a beneficiary? Neither declaration of trust deals with this issue.
Q&As
A Will is to leave the testator’s property to her grandchild subject to a tenancy of the property to the testator’s carers for their joint lives at a peppercorn rent. Would such an arrangement have an adverse effect in respect of the residence nil rate band?
A Will is to leave the testator’s property to her grandchild subject to a tenancy of the property to the testator’s carers for their joint lives at a peppercorn rent. Would such an arrangement have an adverse effect in respect of the residence nil rate band?
Q&As
A Will leaves a legacy of the sale proceeds of chattels to named minor grandchildren of the testator upon their attaining the age of 21. Can the personal representatives or trustees distribute a legacy to a parent of a grandchild, while the grandchild is still a minor, or to a grandchild when the grandchild turns 18? Can the trustees hold the legacies in a single account?
A Will leaves a legacy of the sale proceeds of chattels to named minor grandchildren of the testator upon their attaining the age of 21. Can the personal representatives or trustees distribute a legacy to a parent of a grandchild, while the grandchild is still a minor, or to a grandchild when the grandchild turns 18? Can the trustees hold the legacies in a single account?
Q&As
Acting for the buyer of an HMO, where the seller has a valid HMO licence, what additional legal requirements are there?
Acting for the buyer of an HMO, where the seller has a valid HMO licence, what additional legal requirements are there?
Q&As
An administrator has been appointed in a deceased estate. In a transfer of property from the deceased estate, is the administrator classified as personal representative and as such is it acceptable for the administrator alone to execute the transfer. How should the administrator be described in the transfer and is the transfer to be executed by the administrator in the same way as for an individual?
An administrator has been appointed in a deceased estate. In a transfer of property from the deceased estate, is the administrator classified as personal representative and as such is it acceptable for the administrator alone to execute the transfer. How should the administrator be described in the transfer and is the transfer to be executed by the administrator in the same way as for an individual?
Q&As
An application for permission to appeal a District Judge's decision was refused by a Circuit Judge after an oral hearing. What is the further route of appeal, if any?
An application for permission to appeal a District Judge's decision was refused by a Circuit Judge after an oral hearing. What is the further route of appeal, if any?
Q&As
An application has been brought under the Trusts of Land and Appointment of Trustees Act 1996 in which the applicant is claiming an interest in a property by way of estoppel/constructive trust. That property has been sold. Can the applicant register a restriction against dealings at HM Land Registry against the property that has been purchased by the respondent with the net proceeds of sale of the original property and if so which is the appropriate form to use?
An application has been brought under the Trusts of Land and Appointment of Trustees Act 1996 in which the applicant is claiming an interest in a property by way of estoppel/constructive trust. That property has been sold. Can the applicant register a restriction against dealings at HM Land Registry against the property that has been purchased by the respondent with the net proceeds of sale of the original property and if so which is the appropriate form to use?
Q&As
An application to enforce an order made under the Children Act 1989 was heard in the absence of the respondent. The respondent has requested a copy of the applicant solicitor’s attendance note of the hearing. Is there an obligation on the applicant’s solicitor to provide a copy of the note?
An application to enforce an order made under the Children Act 1989 was heard in the absence of the respondent. The respondent has requested a copy of the applicant solicitor’s attendance note of the hearing. Is there an obligation on the applicant’s solicitor to provide a copy of the note?
Q&As
An application to enforce an order made under the Children Act 1989 was heard in the absence of the respondent. The respondent has requested a copy of the applicant’s solicitor’s attendance note of the hearing. Is there an obligation on the applicant’s solicitor to provide a copy of the note?
An application to enforce an order made under the Children Act 1989 was heard in the absence of the respondent. The respondent has requested a copy of the applicant’s solicitor’s attendance note of the hearing. Is there an obligation on the applicant’s solicitor to provide a copy of the note?
Q&As
An assured shorthold tenancy is fixed for a period of two years but the deposit was initially only protected for 12 months. Following the expiry of the initial protection period, the landlord failed to immediately re-protect the deposit with a deposit protection service, leaving a gap of few days in the certificate. Would the mere presence of such gap invalidate a notice under section 21 of the Housing Act 1988 or give rise to a claim for compensation?
An assured shorthold tenancy is fixed for a period of two years but the deposit was initially only protected for 12 months. Following the expiry of the initial protection period, the landlord failed to immediately re-protect the deposit with a deposit protection service, leaving a gap of few days in the certificate. Would the mere presence of such gap invalidate a notice under section 21 of the Housing Act 1988 or give rise to a claim for compensation?
Q&As
An assured shorthold tenancy is granted for a term of seven years, but provides that in the event of the death of the tenant or if the property remains unoccupied for a period of two months, the tenancy shall determine immediately without any requirement for a notice to be served. Would this provision render the tenancy void for uncertainty pursuant to section 149(6) of the Law of Property Act 1925, meaning that it would take effect as a 90-year lease?
An assured shorthold tenancy is granted for a term of seven years, but provides that in the event of the death of the tenant or if the property remains unoccupied for a period of two months, the tenancy shall determine immediately without any requirement for a notice to be served. Would this provision render the tenancy void for uncertainty pursuant to section 149(6) of the Law of Property Act 1925, meaning that it would take effect as a 90-year lease?
Q&As
An individual chargee dies. The executors wish to transfer the charge into the name of the beneficiary. What is the process for updating the proprietor of the charge at HM Land Registry? Will HM Land Registry register the beneficiary as proprietor of the charge on sight of a death certificate and grant of probate?
An individual chargee dies. The executors wish to transfer the charge into the name of the beneficiary. What is the process for updating the proprietor of the charge at HM Land Registry? Will HM Land Registry register the beneficiary as proprietor of the charge on sight of a death certificate and grant of probate?
Q&As
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Practice areas

Qualifications

  • MA (Oxon) (2002)
  • LLM (2004)

Membership

  • Family Law Bar Association
  • Property Bar Association
  • Society of Construction Lawyers
  • Public Access Bar Association (Vice-Chairman and Treasurer)
  • Visiting Fellow, University of Bedfordshire (2011 - )
  • Fellow of the Royal Society of Arts

Panel

  • Contributing Author
  • Q&A Panel

Education

  • Magdalen College, University of Oxford (1999-2002)
  • BPP Law School (2002-2003)
  • University College London (2003-2004)

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