Q&As

A third party has been joined to financial remedy proceedings as a result of a party asserting an interest in a property owned by the third party under the Trusts of Land and Appointment of Trustees Act 1996 (TOLATA 1996). Which costs form should the third party use for a pre-trial review/final hearing on the issue of the TOLATA 1996 claim, which is being dealt with as a preliminary matter within the financial remedy proceedings? Is it a Form H, N260, Precedent H or some other form?

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Produced in partnership with Chris Bryden of 4 King’s Bench Walk
Published on LexisPSL on 19/06/2018

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 third party has been joined to financial remedy proceedings as a result of a party asserting an interest in a property owned by the third party under the Trusts of Land and Appointment of Trustees Act 1996 (TOLATA 1996). Which costs form should the third party use for a pre-trial review/final hearing on the issue of the TOLATA 1996 claim, which is being dealt with as a preliminary matter within the financial remedy proceedings? Is it a Form H, N260, Precedent H or some other form?

It is often the case that in financial remedies proceedings a third party will be joined to proceedings to assert a beneficial interest in a property or other asset, or to enable an order for sale to be made in respect of that property. In TL v ML, Mostyn J set out the principles to be applied procedurally to such actions. He emphasised that such disputes must be approached on exactly the same basis as if they were being determined in the Chancery Division and made clear that where such a dispute arises there should be joinder as early as possible together with pleadings and separate witness statements. The matter sh

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