Q&As

In an application for sale under the Trusts of Land and Appointment of Trustees Act 1996 , what happens if a party does not comply with an order of the court to produce a medical report?

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Published on LexisPSL on 18/09/2017

The following Dispute Resolution Q&A provides comprehensive and up to date legal information covering:

  • In an application for sale under the Trusts of Land and Appointment of Trustees Act 1996 , what happens if a party does not comply with an order of the court to produce a medical report?
  • TOLATA proceedings
  • Complying with court orders
  • Sanctions

In an application for sale under the Trusts of Land and Appointment of Trustees Act 1996 , what happens if a party does not comply with an order of the court to produce a medical report?

TOLATA proceedings

The Trusts of Land and Appointment of Trustees Act 1996 (TOLATA 1996) deals with property where multiple parties have an interest.

An application under TOLATA 1996, s 14 may be made by a trustee of land or a beneficiary with an interest in property subject to a trust of land. The court has a broad discretionary range of powers to make orders regarding the exercise of the trustees’ functions or to the nature and extent of beneficiaries’ interests, including a sale or postponement of sale.

For further information, see:

  1. Cohabitant property rights—overview (this provides general information on TOLATA 1996)

  2. Practice Note: Eligibility to apply under TOLATA 1996 (sets out who is considered to have an interest

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