TOLATA 1996—when to use Part 7 and when to use Part 8
TOLATA 1996—when to use Part 7 and when to use Part 8

The following Family practice note provides comprehensive and up to date legal information covering:

  • TOLATA 1996—when to use Part 7 and when to use Part 8
  • When should proceedings be issued under Part 7 and when should proceedings be issued under Part 8?
  • Transfer away from the Part 8 procedure
  • What is the procedure under Part 7?
  • Disclosure and inspection
  • Exchange of witness statements
  • Expert evidence
  • What is the procedure under Part 8?
  • Costs

This Practice Note explains the distinction between Parts 7 and 8 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) and also contains an outline of the two procedures.

When should proceedings be issued under Part 7 and when should proceedings be issued under Part 8?

A TOLATA 1996 claim, being a claim relating to trusts is often considered to be best suited to the Part 8 procedure by analogy to the requirements of CPR 64.2–3, though this applies only to claims relating to the execution of a trust or under the Variation of Trusts Act 1958.

However, there are certain circumstances in which the Part 8 procedure cannot be used, such as where there are concurrent claims in relation to other aspects of cohabitation that must be dealt with under Part 7 or where there is an application under Schedule 1 to the Children Act 1989.

Further, Part 7 is likely to be the more appropriate choice where there is a substantial dispute of fact because Part 8 is designed to determine issues of law rather than factual disputes. Any claim under TOLATA 1996 which involves a dispute over beneficial interests is likely to be better suited to Part 7.

There are also tactical advantages to issuing under Part

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