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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:

o   Applications for an order

o   The court's powers

o   Matters relevant in determining applications

o   White v White (Joinder of Tolata and Children Act Applications) [2003]

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]

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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