Claims Under the Trusts of Land and Appointment of Trustees Act 1996: Principles and Practice
This talk offers practical information on the procedural issues surrounding a Tolata claim and identifies some of the hidden traps into which family lawyers may all too easily fall as well as offering guidance on how to avoid them and the associated adverse consequences. It covers a range of material that will benefit anyone involved in advising on a Tolata claim. This audio lecture has detailed accompanying notes. (Suggested CPD: provided at least 8 of the 10 accompanying questions are answered correctly: 2 HOURS)
Thomas Dance, barrister, 1 Kings Bench Walk
This talk covers:
- The court's powers under Tolata
o Applications for an order
o The court's powers
o Matters relevant in determining applications
- The interplay with Children Act 1989, Schedule 1 applications including:
o White v White (Joinder of Tolata and Children Act Applications) [2003]
- The procedure:
o Where and under what Part to issue the claim
o Subsequent steps: compliance with rules, PDs and orders / relief from sanctions.
o Lessons to be learned from Mitchell v News Group Newspapers Limited [2013]
- Tomlin order vs. consent order
- Costs and Part 36 offers including:
o Withdrawal / variation of the offer
o Costs consequences after trial and judgment (rule 36.17)
Listen to the introduction for free
Listen to the full podcast
Read the accompanying notes
Answer the CPD related questions
Preview the CPD questions
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