pre-action protocol

There is no specific pre-action protocol relating to claims under the Trusts of Land and appointment of Trustees Act 1996 (TOLATA 1996). Hence, the parties should have regard to Practice Direction pre-action Conduct and protocols (previously Practice Direction—Pre-Action Conduct). The current Practice Direction came into force on 6 April 2015 and was last updated on 6 April 2022, bringing with it a shorter and more succinct set of rules for the parties to follow before commencing proceedings and has been updated periodically. It is contained within the Civil Procedure Rules 1998 (CPR), SI 1998/3132 and sets out the conduct expected of parties prior to the issue of proceedings.

Except in the most urgent cases or where the application results from an agreement, before commencing court proceedings and regardless of whether the claim is ultimately brought under CPR Part 7 or CPR Part 8, the court will normally expect parties to exchange sufficient information in order to:

1. •

   understand each other's position

2. •

   decide how to proceed

3. •

   try to settle the issues without proceedings

4. •

   consider a form of alternative