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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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Procedural guide—applications for a financial remedy: final hearing (standard procedure)

Procedural guide—applications for a financial remedy: final hearing (standard procedure) This Procedural Guide sets out steps for the standard procedure under the Family Procedure Rules 2010 (FPR 2010), SI 2010/2955, Pt 9, Ch 4 (SI 2010/2955, 9.12–9.17). For practical guidance on proceedings to which the fast-track procedure under FPR 2010, SI 2010/2955, Pt 9, Ch 5 (SI 2010/2955, 9.18–9.21A) applies, see Practice Note: Fast-track (shortened) financial remedy procedure. A ‘Statement on the efficient conduct of financial remedy hearings in the Financial Remedies Court below High Court judge level’ was issued in January 2022 by the Financial Remedies Court national lead judge, Mostyn J, and the deputy national lead judge, HHJ Hess, together with a Primary Principles document (replacing the previous Good Practice Guide) and templates for a composite case summary and schedule of assets and income. See Practice Notes: The Financial Remedies Court, Financial remedy proceedings allocated below High Court judge level and Evidential issues for the final hearing of an application for a financial remedy. For practical guidance on...

Preparing for an immigration appeal to the First-tier Tribunal (IAC)

Preparing for an immigration appeal to the First-tier Tribunal (IAC) STOP PRESS: This Practice Note is being updated to take account of the new Practice Direction of the Immigration and Asylum Chamber of the First-tier Tribunal dated 1 November 2024. See News Analysis: New Practice Direction of the First-tier Tribunal. The procedural steps to be followed in a First-tier Tribunal appeal are examined in the Practice Note on Procedure in the First-tier Tribunal (IAC). This Practice Note looks at the practical issues involved in the preparation of the evidence, appellant’s bundle and pleadings in an appeal to the First-tier Tribunal, following the lodging of the appeal and payment of any fee. Preparation of appellant’s bundle The standard directions contained in Annexes A–C of the Presidential Practice Statement No 1 of 2022 require the parties to produce bundles of evidence. Where an appeal is brought under the online ‘MyHMCTS’ process, under Annex A to Practice Statement No 1 of 2022, the respondent is required to upload the respondent’s...

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Business and Property Courts Birmingham—directions template [Archived]

Business and Property Courts Birmingham—directions template [Archived] ARCHIVED: This document is archived and is no longer maintained. IN THE HIGH COURT OF JUSTICE Claim No: BUSINESS AND PROPERTY COURTS IN BIRMINGHAM [FINANCIAL LIST (ChD) OR BUSINESS LIST (ChD) OR COMPANY & INSOLVENCY LIST (ChD) OR INTELLECTUAL PROPERTY LIST (ChD) OR TRUSTS & PROBATE LIST (ChD) OR COMPETITION LIST (ChD) OR REVENUE LIST (ChD)] District Judge [NAME] [DATE] BETWEEN: [insert name]        Claimant -and- [insert name]        Defendant ____________________________ ORDER ____________________________ Warning: you must comply with the terms imposed upon you by this order otherwise your case is liable to be struck out or some other sanction imposed. If you cannot comply you are expected to make formal application to the court before any deadline imposed upon you expires. Upon hearing counsel/the solicitor for the claimant and counsel/the solicitor for the defendant [Where any Model of Extended Disclosure is sought [And Upon the Court reminding the Parties of their duties as to Disclosure including preservation of documents Where Model C,...

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....

In employment tribunal proceedings, can the ET1 grounds of claim be freely disclosed to third parties before the claim is heard?

In employment tribunal proceedings, can the ET1 grounds of claim be freely disclosed to third parties before the claim is heard? In addressing this query, you may wish to consider: • whether a restricted reporting order is in place • what information is held on the public register • the rules on disclosure • what information is available for inspection by the public at the employment tribunal hearing • data protection issues under Regulation (EU) 2016/679, the General Data Protection Regulation (GDPR) and the Data Protection Act 2018 (DPA 2018) Restricted reporting orders For information on restricted reporting orders generally, see Practice Note: Private hearings, restricted reporting, protecting individuals’ identity and national security: employment tribunals, in particular section: Restricted reporting orders. The Public Register Except in the case of a privacy or restricted reporting order (ET Rules, Rule 50) or national security proceedings (ET Rules, Rule 94), a copy of the ET judgment and any written reasons will be entered in the public register kept in...

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New Practice Direction of the First-tier Tribunal

The Senior President of Tribunals has issued a new Practice Direction for the Immigration and Asylum Chamber of the First-tier Tribunal, which came into force on 1 November 2024. This analysis looks at what has changed and what does this mean for immigration advisers.

Adjournment needed for medical expert to assess capacity of witness to give evidence ((1) Easton & Co (2) Justin Easton (on behalf of the estate of Leslie Easton deceased) v Donlon)

Employment analysis: Where the respondent’s representative became concerned that he was not fit to give evidence and participate in the hearing, in circumstances where the respondent was elderly and had previously had a stroke, the employment tribunal erred in not allowing the application for an adjournment of the hearing to enable the instruction of a medical expert to assess the respondent’s capacity to give evidence. The employment tribunal erred by (1) failing to take into account the principles in the Equal Treatment Bench Book in relation to incapacity, (2) asking the respondent direct questions about his state of health and his memory, and (3) making unfair findings against the consultant representing the respondent that he may not have taken proper instructions or that his concerns were not genuine, according to the Employment Appeal Tribunal (EAT).