The following Family Q&A Produced in partnership with Katherine Illsley of 4 King’s Bench Walk provides comprehensive and up to date legal information covering:
This Q&A considers whether a Sears Tooth agreement can be entered into in a case brought under the Trusts of Land and Appointment of Trustees Act 1996 (TOLATA 1996).
A Sears Tooth agreement is named after the case of Sears Tooth v Payne Hicks Beach in which Wilson J held that an assignment of the capital benefit of the outcome of financial remedy proceedings in order to cover the costs of solicitors was not contrary to public policy. It is an effective and legitimate means for a solicitor to receive payment of their costs. Wilson J observed as follows:
‘I have come to the clear conclusion, by reference not only to modern general principle but also to such specific jurisprudence as exists, that the deed between ST [Sears Tooth] and the wife is not champertous or otherwise contrary to public policy and is valid. Far from striking at public justice, the main tendency of such a deed is to promote it by securing proper advice and r
**Trials are provided to all LexisPSL and LexisLibrary content, excluding Practice Compliance, Practice Management and Risk and Compliance, subscription packages are tailored to your specific needs. To discuss trialling these LexisPSL services please email customer service via our online form. Free trials are only available to individuals based in the UK. We may terminate this trial at any time or decide not to give a trial, for any reason. Trial includes one question to LexisAsk during the length of the trial.
To view the latest version of this document and thousands of others like it, sign-in to LexisPSL or register for a free trial.
Existing user? Sign-in
Take a free trial
On the disposition of a property (whether by way of conveyance, transfer or charge), the party making the disposition will normally provide a title guarantee which implies standard form covenants for title. A landlord may give a title guarantee when granting a lease, but this is rare in practice.
Coronavirus (COVID-19): During the current pandemic, legislation and changes to practice and procedure in the courts and tribunals have been introduced, which affect the following:•proceedings for possession•forfeiture of business leases on the grounds of non-payment of rent•a landlord's right to
What is QOCS?Qualified one-way costs shifting (QOCS) was introduced on 1 April 2013 as part of the Jackson costs reforms following the removal of a claimant’s right to recover additional liabilities from the defendant, ie success fees and after the event (ATE) insurance premiums. The relevant CPR
A certificate of title (also known as a certificate on title) is a particular species of report on title.When solicitors are instructed to investigate title to land (for instance, when land is being acquired or offered up as security), they will write a report on title for their client, which sets
0330 161 1234
To view our latest legal guidance content,sign-in to Lexis®PSL or register for a free trial.