Trusts of land—practice and procedure


Published by a ÑÇÖÞÉ«ÇéÍø Private Client expert
Practice notes

Trusts of land—practice and procedure


Published by a ÑÇÖÞÉ«ÇéÍø Private Client expert

Practice notes
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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 dispute. The Part 8 procedure is intended to determine issues of law rather

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United Kingdom
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