Q&As

How do you calculate the court fee for a claim under the Trusts of Land and Appointment of Trustees Act 1996 (TOLATA 1996) when the value of the claim is unknown, as is sometimes the case when applying for a declaration under TOLATA 1996?

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Produced in partnership with Desmond Kilcoyne
Published on LexisPSL on 27/05/2020

The following Property Disputes Q&A produced in partnership with Desmond Kilcoyne provides comprehensive and up to date legal information covering:

  • How do you calculate the court fee for a claim under the Trusts of Land and Appointment of Trustees Act 1996 (TOLATA 1996) when the value of the claim is unknown, as is sometimes the case when applying for a declaration under TOLATA 1996?

How do you calculate the court fee for a claim under the Trusts of Land and Appointment of Trustees Act 1996 (TOLATA 1996) when the value of the claim is unknown, as is sometimes the case when applying for a declaration under TOLATA 1996?

Assuming that the Trusts of Land and Appointment of Trustees Act 1996 (TOLATA 1996) claim is to proceed as a CPR 7 claim (a CPR 8 claim—for which there is no need for a statement of value—is probably only appropriate where there is unlikely to be a substantial dispute of fact: CPR 8.1(2)(a)), the operative rule is in CPR 16.3. This applies to ‘a claim for money’.

The first question therefore is: is a TOLATA 1996 claim a ‘claim for money’? It depends on the remedies which are being sought in the claim. If the claim is merely protective, eg where there is only a declaration and/or entry of a restriction on the title of the relevant land, there will be no ‘claim for money’. Accordingly, the claim form may legitimately be issued without reference to the value of the claim (so, the words ‘This is not a claim for money’ could be inserted on the claim form). Under paragraph 1.5 of Schedule 1 to the Civil Proceedings Fees Order 2008 (CPFO 2008), SI 2008/1053, the issue fee here would be £528

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