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Procedural guide—applications under the Trusts of Land and Appointment of Trustees Act 1996

Procedural guide—applications under the Trusts of Land and Appointment of Trustees Act 1996 This Procedural Guide sets out the steps to be taken on an application under section 14 of the Trusts of Land and Appointment of Trustees Act 1996 (TOLATA 1996) by a trustee of land, or a beneficiary with an interest in property subject to a trust of land. It includes guidance on the criteria for an application, the pre-action protocol, offers under Part 36 of the Civil Procedure Rules 1998 (CPR), SI 1998/3132, evidence requirements and orders that may be made by the court. An application under TOLATA 1996, s 14 may be made by a trustee of land or a beneficiary with an interest in property subject to a trust of land. Additionally any other person with an interest in such property, such as a mortgage company, has standing to bring a claim. The court has a broad discretionary range of powers to make orders regarding the exercise of the trustees’ functions or to the nature...

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Trusts of land—practice and procedure

Trusts of land—practice and procedure Part 7 or Part 8? Prior to April 2007, the practice direction to CPR 8 provided that where before 26 April 1999, a claim in the High Court was begun by an originating summons, that claim should be issued under the Part 8 procedure. Claims under the Trusts of Land and Appointment of Trustees Act 1996 (TOLATA 1996) were, prior to 26 April 1999, begun by originating summons so it was previously thought that the Part 8 procedure was the correct procedure. The present practice direction to Part 8 instead lists those claims that may be commenced using the Part 8 procedure, which does not include claims under TOLATA 1996. Claims should therefore be issued under the Part 7 procedure unless there is unlikely to be any substantial dispute of fact or a rule or practice direction requires or permits use of the Part 8 procedure. If the dispute concerns the extent of a party's beneficial interest in property, it will likely involve a factual...

What happens at a tax tribunal hearing?

What happens at a tax tribunal hearing? FORTHCOMING CHANGE: The Tribunal Procedure Committee (TPC) consultation on the provision of written reasons for decisions (30 July to 22 October 2024) includes proposals to amend the Tribunal Procedure (First-tier Tribunal) (Tax Chamber) Rules 2009, SI 2009/273. For more information, see LNB News 13/08/2024 4. This Practice Note has been written by Anne Redston, Barrister. It is her personal view; she is not authorised to speak for the Tribunals Service or the judiciary. This Practice Note outlines what happens at an appeal hearing before the First-tier Tax Tribunal (FTT). It covers practical matters, including: • who are the participants (including witnesses) and where do they sit • how to address the FTT and HMRC • the order of events • the difference between law, evidence and argument, and • the three different types of decision notices It is also important to consider the costs position. There is more about this in Practice Note: Costs in the First-tier Tax Tribunal (FTT)....

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Fast track standard directions—position before 1 October 2023

Fast track standard directions—position before 1 October 2023 Claim No. [insert claim number]. [IN THE HIGH COURT OF JUSTICE [BUSINESS AND PROPERTY COURTS [OF ENGLAND AND WALES OR IN [insert location] OR [Specify division] [Specify specialist court] [Insert location] DISTRICT REGISTRY THE COUNTY COURT AT [insert location] [BUSINESS AND PROPERTY COURTS LIST between: [insert name]        Claimant and [insert name]        Defendant _______________________________________ [ Draft ] Fast track standard directions _______________________________________ Further statements of case The [claimant OR defendant OR other party] must file a [name of statement of case] and serve a copy on the [claimant OR defendant OR other party] no later than [time and calendar date]. Requests for further information Any request for clarification or further information based on another party’s statement of case shall be served no later than [time and calendar date]. [Any such request shall be dealt with no later than [time and calendar date].] Disclosure of documents [[No disclosure of documents is required.] OR [Each party OR The...

Procedural Order for directions following preliminary meeting in arbitration

Procedural Order for directions following preliminary meeting in arbitration PROCEDURAL ORDER NO. [1] Having heard representatives for both the [ Claimant OR Claimants] and the [ Respondent OR Respondents] (the Parties) at the preliminary meeting held on [date], the Tribunal hereby orders that: 1 Applicable arbitration rules 1.1 This arbitration shall be governed by [insert applicable arbitration rules] in force as of [insert date]. 1.2 The Parties and Tribunal shall seek guidance from, but shall not be bound by, the IBA Rules on the Taking of Evidence in International Arbitration (the IBA Rules), subject to the Tribunal’s discretion to control the procedural conduct of the arbitration. 1.3 [[If appropriate, include a statement on the applicable law of the substantive dispute and/or the arbitration].] 2 Seat and language of the arbitration 2.1 The seat of arbitration is [insert place]. Meetings and hearings may take place at other locations if so decided by the Tribunal after consultation with the Parties. 2.2 The language of the arbitration is [insert...

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A company was liquidated and dissolved in the last few years. Former creditors of the company have put evidence to the liquidator and, as a consequence, the liquidator has now made an application to restore the company in order to investigate the matter further. The former directors would like to get a copy of the liquidator's statement in support of the restoration, but the liquidator felt uncomfortable in providing this. What is the best method of securing disclosure of this?

A company was liquidated and dissolved in the last few years. Former creditors of the company have put evidence to the liquidator and, as a consequence, the liquidator has now made an application to restore the company in order to investigate the matter further. The former directors would like to get a copy of the liquidator's statement in support of the restoration, but the liquidator felt uncomfortable in providing this. What is the best method of securing disclosure of this? The issue to consider will be generally whether a third party can obtain a copy of a witness statement from the court in respect of live proceedings, and whether there are any restrictions on the applicant in the proceedings regarding disclosing a witness statement to non-parties. The status and use of a witness statement will depend on whether it is a draft witness statement or a final one which has been signed off by the witness. Draft witness statements and affidavits are privileged unless and until privilege is waived....

Is it possible to rely at trial on a witness statement that has been filed/exchanged but the witness has since died? If so, what procedural steps are required and how will the court treat such evidence?

Is it possible to rely at trial on a witness statement that has been filed/exchanged but the witness has since died? If so, what procedural steps are required and how will the court treat such evidence? The purpose of witness statements in civil proceedings is to significantly reduce the overall length of trials by avoiding the need for witnesses to give evidence in chief under questioning from their legal representative. When a witness is called to give evidence at trial, they will be asked a series of questions to the effect of being asked to confirm that the matters set out in the witness statement are true and that they wish for the witness statement to stand as their evidence. However, if a proposed witness is, or will be, unable to affirm the contents of the statement in oral evidence at trial (for whatever reason), that statement will have the status of hearsay evidence for the purposes of the proceedings. ‘Hearsay’ is a statement made otherwise than...

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PI & Clinical Negligence weekly highlights—17 November 2022

This week’s edition of PI & Clinical Negligence weekly highlights includes the news that the government has withdrawn its opposition to the introduction of a new ‘Intermediate Track’ in relation to the extension of fixed recoverable costs. We also consider the test cases which are going to the Court of Appeal for guidance on how to value mixed injury road traffic claims ie where a whiplash injury is sustained together with another injury not covered by the tariffs. We also include details of a new Practice Note on clinical negligence claims arising from GP treatment. In addition, we have our usual round-up of other key cases and news, details of our latest webinars and New Law Journal articles of interest.

PI & Clinical Negligence weekly highlights—10 November 2022

This week's edition of PI & Clinical Negligence weekly highlights includes a CJEU decision on psychological injury and the Court of Appeal considers the meaning of the word proceedings in relation to QOCS. We also have a news analysis on the Retained EU Law Bill and its practical implications for cross-border personal injury claims. In addition we bring you our usual round-up of other key cases, details of our latest webinars and New Law Journal articles of interest.