ToLATA Claims - An Introduction to Practice & Procedure

Introduction

This introductory level in-person course is designed for those 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

It includes:

• 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 course, the 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?