David Salter

This Practice Note explains the pre-action provisions relating to claims brought under the Trusts of Land and Appointment of Trustees Act 1996 (TOLATA 1996), including the consequences of failing to follow them. It considers proportionality, exchange of information, expert evidence, settlement and ADR and limitation.

This Practice Note provides an introduction to the procedure under the Civil Procedure Rules 1998 (CPR) in relation to claims brought under the Trusts of Land and Appointment of Trustees Act 1996 (TOLATA 1996), specifically costs budgeting, disclosure and inspection, witness statements and expert evidence.

This Practice Note explains when to issue proceedings in the County Court and when to issue in the High Court in relation to claims brought under the Trusts of Land and Appointment of Trustees Act 1996 (TOLATA 1996), it also provides a brief outline of the procedures under Parts 7 and 8 of the Civil Procedure Rules 1998 (CPR) and considers transfers between the courts.

This Practice Note explains the distinction between the Civil Procedure Rules 1998 (CPR) Part 7 and Part 8 in relation to claims brought under the Trusts of Land and Appointment of Trustees Act 1996 (TOLATA 1996). It provides an outline of the two procedures and considers transfer away from the Part 8 procedure and costs.

This Practice Note details the circumstances in which it will be appropriate to value assets in financial remedy proceedings. It provides guidance on completion of a financial statement in Form E and the valuation of different types of assets including property, business assets, pensions and insurance policies, and chattels. It also sets out procedural points, including as to expert evidence.

This Practice Note explains wasted costs orders in family proceedings including the relevant test applied by the courts and the required procedural steps. It also considers improper, unreasonable or negligent conduct and the effect misconduct can have on costs together with relevant case law.

This Practice Note explains how to enforce a debt within family proceedings against a debtor’s goods and chattels where a judgment or order for payment of money has been obtained by a writ or warrant of control (formerly a writ of fieri facias or a warrant of execution). It sets out the applicable procedure to execute against goods, together with guidance on requirements for permission, exempt goods, and fees.

This Practice Note explains what a writ or warrant of delivery is and when this can be used to enforce an order providing for the delivery or transfer of specific goods in the context of enforcement in family proceedings. It sets out the applicable procedure together with guidance on the application for permission, the documents that need to be filed and the steps following issue of the warrant.

This Practice Note explains the steps to take when seeking possession of land or buildings under the terms of an order made in family proceedings. It sets out the applicable procedure together with guidance on obtaining a writ (High Court) or warrant (County Court) of possession of land.

This Precedent narrative statement may be used in financial remedy applications as a statement addressing the factors set out in section 25 of the Matrimonial Causes Act 1973 (MCA 1973) and the civil partnership equivalent, Part 5 of Schedule 5 to the Civil Partnership Act 2004 (CPA 2004). It provides examples of the types of matters that may be dealt with in a MCA 1973, s 25 statement and should be adapted to the circumstances of the case. A narrative statement should only be filed when directed by the court, usually after a financial dispute resolution appointment has been unsuccessful.

This Q&A considers the position in relation to financial provision where a party has remarried.

This Q&A considers whether a financial remedy consent order (property adjustment order) pursuant to section 25 of the Matrimonial Causes Act 1973 can be varied pursuant to section 14 of the Trusts of Land and Appointment of Trustees Act 1996.

This Q&A considers top-up child maintenance orders and the implications of a shared care arrangement.

This Q&A sets out considerations in relation to a financial order that provides for the sale of a property in default of payment of a lump sum where the order has not been enforced and a significant period of time has elapsed since it was made.

This Q&A considers whether an application for a notice to show cause (Dean summons) may be made following the rejection of a financial consent order by the court.

This Q&A looks at enforcement options where a financial order was made in this jurisdiction but the parties are now resident in another jurisdiction.

This Q&A considers whether the terms of a property adjustment order may be varied.

This Q&A considers the extent to which an unsigned separation agreement will be converted into a financial remedy order on divorce.

This Q&A examines there steps to be taken where divorce proceedings have been commenced but the whereabouts of the respondent spouse are unknown.

This Q&A considers, where a party has undertaken within a consent order to pay school fees, how the court might dispose of an application by the paying party for the discharge of their undertaking on the basis that the charging of VAT on private school fees amounts to a change of circumstances.