ToLATA Claims - Practice & Procedure for Litigators
This introductory level course is designed for civil litigators, who already possess a thorough knowledge of civil procedure but wish to gain an understanding of the substantive law relating to Trusts of Land. You already know how to litigate but a clear and comprehensive understanding of the law in this area is vital - otherwise you do not know how strong or weak the case is.
Upon completing the course you 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?
What You Will Learn
This course will cover the following:
- What is a Trust of Land?
- The difference between single-name and joint-name claims
- How to establish a beneficial interest in a single-name case: express and inferred agreements to share the beneficial ownership
- When the law will depart from equality in joint-name cases
- Detrimental reliance --What it means and how to prove it
- Challenging an express declaration of trust: fraud, mistake and rectification
- Equitable accounting: occupation rent, mortgage payments, improvements to the property: the effect on shares in the property
- Remedies available: declarations, order for sales
Please let us know if you wish to be notified.
Please let us know if you wish to be notified when new dates are added for this programme