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Trusts of Land and Appointment of Trustees Act 1996 (TOLATA) Update

Speaker: Sapna Shah
Chambers: 33 Bedford Row

Sapna is a family law barrister of 15 years’ experience specialising in aspects of private children law and financial relief. She is Resolution-accredited. Sapna combines her deep knowledge of the law with a key ability to get to the root of problems. In any dispute, particularly those involving financial relief, Sapna looks to settle matters before advising clients to go the court route, to save time and money and unnecessary stress. She has well-honed skills in negotiating agreements between the parties in dispute, whether it be to do with contact or with finances.

Here Sapna gives an informative update of the mechanics of the Trusts of Land and Appointment of Trustees Act 1996. She helpfully outlines key legal definitions, as well as relevant court powers and how and when they might be used. She also provides great detail on how to carry out the logistics of procedures: this includes highlighting practical steps that can be taken when working with clients, as well as important considerations about factors considered by the court.

Key Words/Topics:

Cohabiting parties as clients
Beneficial ownership of property
Disputes about property
Trusts of Land and Appointment of Trustees Act 1996
Stack v Dowden [2007] UKHL 17
Jones v Kernott [2011] UKSC 53
Jointly owned property
Solely owned property
Part 36 offers
Unregistered land
Registered land
Alternative Dispute Resolution (ADR)
Practice Direction on Pre-Action Conduct and Protocols (PDPACP)
Haque v Raja [2016] EWHC 1950 (Ch)
Hallman v Harkins [2019] UKUT 245 (LC)
Where to issue proceedings
County Court Rules
FPR PD 27A (Re XY [2019] EWHC 1610 (Fam)).
Children Act 1989
Part 7 Procedure
Part 8 Procedure
Mitchell v News Group Newspapers Ltd [2013] EWCA Civ 1537
Relief from Sanctions
Denton v TH White Ltd and another, Decadent Vapours Ltd v Bevan and others and Utilise TDS Ltd v Davies and another [2014] EWCA CA Civ 906