ToLATA - Key Principles, Caselaw & Common Problems Explored

ToLATA - Key Principles, Caselaw & Common Problems Explored
6 Dec 2024 - London


6 Dec 2024

9:30 AM ‐ 5:15 PM

With a SmartPlan £486

With a Season Ticket £540

Standard price £720

All prices exclude VAT
Intermediate: Requires some prior subject knowledge
6 hours
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The number of claims brought under the Trusts of Land and Appointment of Trustees Act 1996 (‘ToLATA’) continues to increase year on year, reflecting changing attitudes to marriage/civil partnership and ill-advised or hasty decisions made about co-ownership of property at the time of purchase. This area of law is complex and continuing to evolve, presenting numerous challenges to legal advisors tasked with advising clients.

This in-person course will provide a thorough analysis of the key legal principles which apply. It will also explore recent important developments in the case-law, and provide resources for trouble-shooting common problems.

What You Will Learn

This course will cover the following:

  • Whether and to what extent an express declaration of trust remains sacrosanct
  • How the court’s approach to common intention constructive trusts has developed since the key decisions of Stack v Dowden and Jones v Kernott
  • The relevance of detrimental reliance following the decisions in Curran v Collins and more recently Hudson v Hathway
  • The correct approach to equitable accounting
  • Recent developments in proprietary estoppel claims including an analysis of the latest decision in Guest v Guest
  • How to avoid obvious pitfalls and run a case efficiently and at proportionate cost
  • Strategies for settlement and mediation
  • Which parts of the civil procedure rules are most likely to be relevant or to become fertile battlegrounds

ToLATA - Key Principles, Caselaw & Common Problems Explored