Running and Defending a TOLOTA Action

Invaluable guidance for family law practitioners running or defending a TOLATA action

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Course Overview

Cases involving the Trusts of Land and Appointment of Trustees Act 1996, the means through which the court can determine the extent of a party’s interest in a property or piece of land and how this interest should be dealt with, are some of the most complex matters which family law practitioners will come across.

Before taking on such a case, it is essential that you are familiar with the various steps involved when pursuing and defending TOLATA applications; This session will take you through the pre- TOLATA proceedings right through to the actual proceedings and trial, if applicable.

Claims under the TOLATA 1996 Act depend heavily on evidence. This session will examine the type of evidence which must be gathered in respect of TOLATA applications and the issues which this can present, such as whether anything is in writing and whether the client’s evidence of proof is enough to establish what their intentions were in respect of the ownership of property.

Delivered by Datalaw favourite Safda Mahmood, this family law course will consider the following:

  • Resulting trust
  • The requirements in respect of constructive trust, with reference to the case of Oxley v Hiscock [2004]
  • Proprietary Estoppel, with reference to the case of Matharu v Matharu [1994]
  • Part 8 or Part 7 TOLATA claims
  • Practice Direction – Pre-Action Conduct and Protocols

What are the requirements?

  • Watch the recorded webinar and complete the short quiz to test your legal knowledge.

Learning Outcomes

  • On completion of this course you will:
  • • Understand the various stages of TOLATA proceedings and the steps which must be followed when making TOLATA applications
  • • Have received guidance on how to take instructions from the client in support of their TOLATA claim
  • • Be familiar with the guidance contained within Practice Direction – Pre-Action Conduct and Protocols
  • • Have considered key TOLATA case law

What is the target audience?

  • This course is suitable for qualified family law practitioners

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About Instructor - Safda Mahmood

Safda is a senior solicitor, with a public authority, having had practiced in both Private Practice and Local Government. Safda is on the Law Society Children Panel and specialises in Children Law and Adoption. He delivers training across the country and writes regularly for various journals including Family Law Journal, Legal Executives Journal and Law Society Bulletin.

Course Curriculum

Recorded Webinars

  • Webinar
    00:24:13

Supporting Documentation

  • Notes
    2 Page

Quiz

  • Quiz
     

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