Course description
This live and interactive session is designed for those new to the area or wishing to update their existing knowledge. It will encompass the substantive law relating to ToLATA claims and a procedural guide to bringing and defending such claims.
Presented by expert barrister Robert Sheridan, the virtual classroom session will cover the following: the difference between single-name and joint-name claims; establishing a beneficial interest in the absence of an express declaration of trust; challenging an express declaration of trust; equitable accounting; remedies available; offers to settle and mediation; and costs.
Upcoming start dates
Outcome / Qualification etc.
Training Course Content
Introduction
This introductory level live broadcast session is designed for family practitioners who are new to the area or wishing to update their existing knowledge.
It will encompass the substantive law relating to ToLATA claims and a procedural guide to bringing and defending such claims.
What You Will Learn
This live and interactive session will cover:
- The difference between single-name and joint-name claims
- Establishing a beneficial interest in the absence of an express declaration of trust
- Challenging an express declaration of trust: fraud, mistake and rectification
- Equitable accounting: what difference can it make
- Remedies available: declarations, order for sales
- Offers to settle and mediation
- Costs: who pays?
The procedural guidance includes:
- Issuing the claim: Part 7 or Part 8
- Costs budgeting: completing the Precedent H
- Directions required at the CCMC
- What disclosure is required?
- Witness evidence, including expert evidence
Upon completing the session, the family practitioner 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?
- How to progress the case to trial?
Expenses
MBL Seminars Limited
MBL is a leading learning and development provider for professional service firms. Over the past 18 years, more than 198,000 people across 23,000 different organisations spanning 81 countries, have chosen us to deliver their training. With over 800 expert speakers...