The following Family practice note provides comprehensive and up to date legal information covering:
Coronavirus (COVID-19): Guidance has been issued, including by HMCTS, regarding proceedings in England and Wales during the coronavirus (COVID-19) pandemic and until further notice, which profoundly affect normal practice, including requirements for the majority of hearings to be dealt with remotely. For details about the changes to court processes and procedures during this time, see the Coronavirus (COVID-19) toolkit for access to news, practical guidance and Q&As from across a number of Practice Areas (subject to subscription). This Practice Note sets out the procedure prior to the pandemic and during this period of disruption to the justice system, practitioners should be aware that local practice may vary.
This Practice Note explains some of the most important procedural elements of the Civil Procedure Rules 1998 (CPR), SI 1998/3132 in relation to claims brought under the Trusts of Land and Appointment of Trustees Act 1996 (TOLATA 1996), specifically costs budgeting, disclosure and inspection, witness statements and expert evidence.
The provisions are the same, regardless of whether the claim is brought under CPR Part 7 or CPR Part 8, see Practice Note: TOLATA 1996—when to use Part 7 and when to use Part 8.
See also Practice Note: TOLATA 1996—pre-action matters.
For practical guidance on the court’s approach to TOLATA 1996 claims, see Practice Note: Case law relating to TOLATA 1996 claims and Precedent: Specimen final orders under the Trusts of Land
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