Q&As

A claimant is seeking an order under the Trusts of Land and Appointment of Trustees Act 1996 as to their beneficial interest in two properties of which they are also the legal owner. The value of the properties is unknown and the claimant’s interest is disputed, therefore the value of the claim is unclear. How will the issue fee for a claim under the Civil Procedure Rules 1998, Pt 7 procedure be calculated?

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Produced in partnership with Chris Bryden of 4 King’s Bench Walk
Published on LexisPSL on 18/12/2019

The following Family Q&A Produced in partnership with Chris Bryden of 4 King’s Bench Walk provides comprehensive and up to date legal information covering:

  • A claimant is seeking an order under the Trusts of Land and Appointment of Trustees Act 1996 as to their beneficial interest in two properties of which they are also the legal owner. The value of the properties is unknown and the claimant’s interest is disputed, therefore the value of the claim is unclear. How will the issue fee for a claim under the Civil Procedure Rules 1998, Pt 7 procedure be calculated?

Claims brought under the Trusts of Land and Appointment of Trustees Act 1996 (TOLATA 1996) may be brought using either the Part 8 or the Part 7 procedure of the CPR. The Part 8 procedure is referred to as an ‘alternative’ procedure, and should be used where a party seeks a determination on a matter which is unlikely to involve a substantial dispute of fact (CPR 8.1(2)(a)). While CPR 64 governs claims relating to trusts (which would include a trust of land) and requires that Part 8 proceedings are br

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