ToLATA - Key Principles, Caselaw & Common Problems Explored

Introduction

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 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