This Practice Note provides guidance on case law in relation to claims under the Trusts of Land and Appointment of Trustees Act 1996 (TOLATA 1996), including the leading...
This Practice Note provides an introduction to claims that may be made by cohabitants under Scottish law by virtue of the statutory scheme contained in sections 25 to 29...
Cohabitants do not have the same rights to make property claims as married couples or civil partners, and disputes between cohabitants regarding their beneficial...
Section 14 of the Trusts of Land and Appointment of Trustees Act 1996 (TOLATA 1996) enables the court to make a declaration as to the nature and extent of a person’s...
There are a number of circumstances in which the costs provisions of the Civil Procedure Rules 1998 (CPR), SI 1998/3132 will apply to proceedings conducted by family...
Notices and restrictions may be used to afford some limited protection of an asset comprising land or property, which comprises registered land, in respect of which an...
Cohabitants have more limited rights of occupation than spouses, civil partners and former spouses and civil partners. The relevant legislation is the Family Law Act 1996...
An order may be made for the payment of an occupation rent where one party leaves a property owned beneficially by both parties and the other remains in occupation...
What is a Part 36 offer? A Part 36 offer is an offer to settle a claim, counterclaim or other additional claim (or any part or issue thereof) or an appeal or cross-appeal...
Pre-action protocol There is no specific pre-action protocol relating to claims under the Trusts of Land and Appointment of Trustees Act 1996 (TOLATA 1996). Hence, the...
This Practice Note explains some of the most important procedural elements of the Civil Procedure Rules 1998 (CPR), SI 1998/3132 in relation to claims brought under the...
This Practice Note explains the distinction between the County Court and the High Court in relation to claims brought under the Trusts of Land and Appointment of Trustees...
This Practice Note explains the distinction between Parts 7 and 8 of the Civil Procedure Rules 1998 (CPR), SI 1998/3132 in relation to claims brought under the Trusts of...