A Family Lawyer's Guide to ToLATA Claims - An Introduction to Practice & Procedure

Introduction

This introductory level live broadcast session is designed for family practitioners who are new to the area or wishing to update their existing knowledge.

It will encompass the substantive law relating to ToLATA claims and a procedural guide to bringing and defending such claims.

What You Will Learn

This live and interactive session will cover:

• The difference between single-name and joint-name claims
• Establishing a beneficial interest in the absence of an express declaration of trust
• Challenging an express declaration of trust: fraud, mistake and rectification
• Equitable accounting: what difference can it make
• Remedies available: declarations, order for sales
• Offers to settle and mediation
• Costs: who pays?

The procedural guidance includes:

• Issuing the claim: Part 7 or Part 8
• Costs budgeting: completing the Precedent H
• Directions required at the CCMC
• What disclosure is required?
• Witness evidence, including expert evidence

Upon completing the session, the family practitioner will have a clear and complete understanding of:

• The relevant law: Is the claim/defence weak or strong?
• What evidence is required in order to improve the case/damage the opponent's case?
• When should offers to settle/mediate be made, and at what level should such offers be pitched?
• How to progress the case to trial?

Recording of live sessions: Soon after the Learn Live session has taken place you will be able to go back and access the recording - should you wish to revisit the material discussed.