ToLATA Claims - Practice & Procedure for Litigators

Introduction

This in-person 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