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Katherine Illsley#2240

Katherine Illsley

4 King’s Bench Walk

Katherine’s family practice covers matrimonial finance, TOLATA, Schedule 1, and private law children proceedings. She has experience acting for local authorities, guardians and parents in public law children cases, including in cases involving allegations of non-accidental injuries.

Katherine also is regularly instructed in housing and property work, and due to the frequent crossover with family law has a particular interest in cases involving trusts.

Contributed to

263

A and B own adjoining properties with a hedgebank separating them. The title deeds make it clear that B owns the hedgebank. Is there any authority for the proposition that the boundary line between the two properties should be at the point that the vertical meets the horizontal on the side of the hedgebank nearest A? The properties were previously in sole ownership and so the hedge and ditch rule does not apply.
A and B own adjoining properties with a hedgebank separating them. The title deeds make it clear that B owns the hedgebank. Is there any authority for the proposition that the boundary line between the two properties should be at the point that the vertical meets the horizontal on the side of the hedgebank nearest A? The properties were previously in sole ownership and so the hedge and ditch rule does not apply.
Q&As
A child arrangements order (CAO) was made in relation to contact. The parties then reconciled and the CAO was not adhered to. They then separated again and contact broke down. Has the original CAO lapsed due to the reconciliation and a fresh application to the court required, or can the original CAO be enforced?
A child arrangements order (CAO) was made in relation to contact. The parties then reconciled and the CAO was not adhered to. They then separated again and contact broke down. Has the original CAO lapsed due to the reconciliation and a fresh application to the court required, or can the original CAO be enforced?
Q&As
A child is subject to an interim care order, and the local authority propose that the care proceedings be concluded, and a child arrangements order be made instead. In addition, the local authority says it will support the child’s grandmother as to an application for a special guardianship order in a few months’ time. What are the factors that should be considered as to the appropriate course of action, in particular as to support for the grandmother including financial support?
A child is subject to an interim care order, and the local authority propose that the care proceedings be concluded, and a child arrangements order be made instead. In addition, the local authority says it will support the child’s grandmother as to an application for a special guardianship order in a few months’ time. What are the factors that should be considered as to the appropriate course of action, in particular as to support for the grandmother including financial support?
Q&As
A child lives with her English mother in Egypt. The child’s father lives in the UK. Does the English court have jurisdiction to hear an application in relation to the child under section 8 of the Children Act 1989? What steps can the father take to prevent the mother from moving to Thailand with the child?
A child lives with her English mother in Egypt. The child’s father lives in the UK. Does the English court have jurisdiction to hear an application in relation to the child under section 8 of the Children Act 1989? What steps can the father take to prevent the mother from moving to Thailand with the child?
Q&As
A child periodical payments order was made (in a consent order on divorce), to end on the child completing their secondary education or attaining the age of 18, and has now lapsed. Can the child now apply for provision for their tertiary education? Does paragraph 2(3) of Schedule 1 to the Children Act 1989 prevent such an application being made? If the child cannot apply, can the parent with care apply on their behalf?
A child periodical payments order was made (in a consent order on divorce), to end on the child completing their secondary education or attaining the age of 18, and has now lapsed. Can the child now apply for provision for their tertiary education? Does paragraph 2(3) of Schedule 1 to the Children Act 1989 prevent such an application being made? If the child cannot apply, can the parent with care apply on their behalf?
Q&As
A child whose parents were not married lives in this jurisdiction with one of their parents. The non-resident parent lives in a non-EU country, has never paid maintenance and refuses to do so. Can the courts in this jurisdiction make a maintenance order and what would be the procedure for such an application?
A child whose parents were not married lives in this jurisdiction with one of their parents. The non-resident parent lives in a non-EU country, has never paid maintenance and refuses to do so. Can the courts in this jurisdiction make a maintenance order and what would be the procedure for such an application?
Q&As
A child’s mother has died and their adult sister is caring for them. The child's father is not named on the birth certificate and does not have parental responsibility. Would it be more appropriate to apply for guardianship or special guardianship, so that the sister may obtain parental responsibility? What are the advantages and disadvantages of each, and is there any real difference?
A child’s mother has died and their adult sister is caring for them. The child's father is not named on the birth certificate and does not have parental responsibility. Would it be more appropriate to apply for guardianship or special guardianship, so that the sister may obtain parental responsibility? What are the advantages and disadvantages of each, and is there any real difference?
Q&As
A co-habitant (A) paid the mortgage and bills without contribution from the other co-habitant (B). A was excluded from the property due to bail conditions but has since received permission to evict B from the property. B did not pay rent and was not in exclusive occupation until A's exclusion from the property. Could a tenancy in favour of B have arisen while A was excluded from the property or would B have just remained as a lodger?
A co-habitant (A) paid the mortgage and bills without contribution from the other co-habitant (B). A was excluded from the property due to bail conditions but has since received permission to evict B from the property. B did not pay rent and was not in exclusive occupation until A's exclusion from the property. Could a tenancy in favour of B have arisen while A was excluded from the property or would B have just remained as a lodger?
Q&As
A company is acquiring a development site but the legal title has a unilateral notice protecting pending land action in the Family Court. The company is acquiring the site from four trustees and as the interest is in the proceeds of sale and not the property, it seems that the beneficial interest will be overreached. Will legal title be subject to the unilateral notice? What is the correct course of action to ensure it is removed?
A company is acquiring a development site but the legal title has a unilateral notice protecting pending land action in the Family Court. The company is acquiring the site from four trustees and as the interest is in the proceeds of sale and not the property, it seems that the beneficial interest will be overreached. Will legal title be subject to the unilateral notice? What is the correct course of action to ensure it is removed?
Q&As
A council lent money secured by a mortgage to a borrower in 1992. The borrower died in 1995 and the borrower’s wife died in 2019. The borrower’s daughter remains in possession. How can the council recover the debt—by selling the property or by proceedings for possession?
A council lent money secured by a mortgage to a borrower in 1992. The borrower died in 1995 and the borrower’s wife died in 2019. The borrower’s daughter remains in possession. How can the council recover the debt—by selling the property or by proceedings for possession?
Q&As
A couple were married in a legally registered ceremony in America and then several years later underwent a separate civil marriage ceremony in London. There are two marriage certificates. The parties now wish to divorce. What should be done about the fact that there was a second marriage between the same parties without the first having been dissolved?
A couple were married in a legally registered ceremony in America and then several years later underwent a separate civil marriage ceremony in London. There are two marriage certificates. The parties now wish to divorce. What should be done about the fact that there was a second marriage between the same parties without the first having been dissolved?
Q&As
A father has parental responsibility for a child who is age 16 (nearly 17), as he is named on the birth certificate. The father has no involvement with the child. The child wishes to change their surname, but the father will not consent. Can the change of name deed be executed by the mother alone, with the child's consent endorsed on the deed?
A father has parental responsibility for a child who is age 16 (nearly 17), as he is named on the birth certificate. The father has no involvement with the child. The child wishes to change their surname, but the father will not consent. Can the change of name deed be executed by the mother alone, with the child's consent endorsed on the deed?
Q&As
A father, who has parental responsibility for the child, is subject to a non-molestation order and is concerned that further untrue allegations may be made against him and has started recording hand overs of the child at contact sessions to protect himself. The mother does not consent to either her or the child being filmed and has reported the father to the police. Is the father able to record handovers in this way?
A father, who has parental responsibility for the child, is subject to a non-molestation order and is concerned that further untrue allegations may be made against him and has started recording hand overs of the child at contact sessions to protect himself. The mother does not consent to either her or the child being filmed and has reported the father to the police. Is the father able to record handovers in this way?
Q&As
A final decree of nullity has been granted in respect of a bigamous marriage where one party knew that they were already married and the other party did not. The party without knowledge of the bigamy has made an application for financial orders. In such circumstances, would the Rampal v Rampal (No 2) and Whiston v Whiston line of authorities preclude the respondent from benefiting as a result of the applicant's financial application?
A final decree of nullity has been granted in respect of a bigamous marriage where one party knew that they were already married and the other party did not. The party without knowledge of the bigamy has made an application for financial orders. In such circumstances, would the Rampal v Rampal (No 2) and Whiston v Whiston line of authorities preclude the respondent from benefiting as a result of the applicant's financial application?
Q&As
A financial consent order has been made that provides for the former matrimonial home to be transferred to one spouse on the basis that they obtain the release of the other spouse from the mortgage and for a lump sum to be paid to the transferring spouse. A short time after the order was made, the spouse to whom the property was to be transferred has indicated that they are unable to secure the mortgage release and that they wish the property to be sold. If an order for sale is made, can an additional lump sum be made in favour of the transferring spouse to cover their additional costs and any capital gains tax liability?
A financial consent order has been made that provides for the former matrimonial home to be transferred to one spouse on the basis that they obtain the release of the other spouse from the mortgage and for a lump sum to be paid to the transferring spouse. A short time after the order was made, the spouse to whom the property was to be transferred has indicated that they are unable to secure the mortgage release and that they wish the property to be sold. If an order for sale is made, can an additional lump sum be made in favour of the transferring spouse to cover their additional costs and any capital gains tax liability?
Q&As
A financial consent order provided for a jointly owned property to be sold on the parties’ child reaching a specified age and for the proceeds of sale to be divided between the parties. If one of the parties dies shortly after the triggering event, is that party’s estate entitled to their share of the proceeds of sale under the order?
A financial consent order provided for a jointly owned property to be sold on the parties’ child reaching a specified age and for the proceeds of sale to be divided between the parties. If one of the parties dies shortly after the triggering event, is that party’s estate entitled to their share of the proceeds of sale under the order?
Q&As
A financial remedy order provides for the family home to be sold. In the event that a purchaser cannot be found, can the parties agree that one of them should buy-out the others interest in the property? If an agreement cannot be reached regarding transfer of the property and there are no prospective purchasers, what steps can be taken to conclude the matter?
A financial remedy order provides for the family home to be sold. In the event that a purchaser cannot be found, can the parties agree that one of them should buy-out the others interest in the property? If an agreement cannot be reached regarding transfer of the property and there are no prospective purchasers, what steps can be taken to conclude the matter?
Q&As
A freeholder has a right of light for the benefit of its property and then grants a 999–year lease of that property which reserves rights of light, excludes implied rights and (where the tenant has not held the lease long enough), acquired rights. Can a freeholder get an injunction where it has no way itself of enjoying the right of light for the next 999 years? Is there any case law on this?
A freeholder has a right of light for the benefit of its property and then grants a 999–year lease of that property which reserves rights of light, excludes implied rights and (where the tenant has not held the lease long enough), acquired rights. Can a freeholder get an injunction where it has no way itself of enjoying the right of light for the next 999 years? Is there any case law on this?
Q&As
A highway authority has a duty under section 60 of the Countryside and Rights of Way Act 2000 to prepare and publish a Rights of Way Improvement Plan. Under section 60(3) the plan must be reviewed not more than ten years after its publication. If a local authority does not review its plan after ten years what sanction or action would the local authority face?
A highway authority has a duty under section 60 of the Countryside and Rights of Way Act 2000 to prepare and publish a Rights of Way Improvement Plan. Under section 60(3) the plan must be reviewed not more than ten years after its publication. If a local authority does not review its plan after ten years what sanction or action would the local authority face?
Q&As
A landlord granted an assured shorthold tenancy in December 2013, for a fixed term of 12 months, and the tenant has since remained in occupation pursuant to a statutory periodic tenancy following the expiry of the fixed term. Can a section 21 notice be served on the tenant where no energy performance certificate, gas safety certificate or government booklet has ever been given to the tenant during either the tenancy or the statutory tenancy?
A landlord granted an assured shorthold tenancy in December 2013, for a fixed term of 12 months, and the tenant has since remained in occupation pursuant to a statutory periodic tenancy following the expiry of the fixed term. Can a section 21 notice be served on the tenant where no energy performance certificate, gas safety certificate or government booklet has ever been given to the tenant during either the tenancy or the statutory tenancy?
Q&As
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Practice Areas

Panels

  • Contributing Author
  • Q&A Panel
  • Specialist Panel

Qualified Year

  • 2010

Membership

  • Middle Temple
  • Family Law Bar Association
  • Association of Lawyers for Children

Education

  • BA in English Language and Literature, 2:1, University of Oxford
  • GDL, Oxford Brookes University, Merit
  • BVC, College of Law, Very Competent
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