header-logo header-logo

United apart

03 June 2016
Issue: 7701 / Categories: Case law , Judicial line , In Court
printer mail-detail

Can family court proceedings under Sch 1 to the Children Act 1989 (CA 1989), effectively for the family home to be preserved for the benefit of the minor children of the unmarried parties, be linked up with family court proceedings under the Trusts of Land and Appointment of Trustees Act 1996 (ToLATA 1996) for that very same property to be sold? If so, presumably they should be heard at the same time rather than consolidated but should this be in the county court or the family court?

Where there are contemporaneous applications before the court under these two Acts and questions arise in both as to property interests or the sale or preservation of property, the proceedings should be heard at the same time and by the same judge if possible: see W v W (Joinder of Trusts of Land Act and Children Act Applications) [2003] EWCA Civ 924, [2003] All ER (D) 252 (May). ToLATA 1996 applications are not family proceedings and cannot be heard in the family court; conversely the CA 1989 application (unless

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Freeths—Ruth Clare

Freeths—Ruth Clare

National real estate team bolstered by partner hire in Manchester

Farrer & Co—Claire Gordon

Farrer & Co—Claire Gordon

Partner appointed head of family team

mfg Solicitors—Neil Harrison

mfg Solicitors—Neil Harrison

Firm strengthens agriculture and rural affairs team with partner return

NEWS
Conveyancing lawyers have enjoyed a rapid win after campaigning against UK Finance’s decision to charge for access to the Mortgage Lenders’ Handbook
The Crown Prosecution Service (CPS) has launched a recruitment drive for talented early career and more senior barristers and solicitors
Regulators differed in the clarity and consistency of their post-Mazur advice and guidance, according to an interim report by the Legal Services Board (LSB)
The Solicitors Act 1974 may still underpin legal regulation, but its age is increasingly showing. Writing in NLJ this week, Victoria Morrison-Hughes of the Association of Costs Lawyers argues that the Act is ‘out of step with modern consumer law’ and actively deters fairness
A Competition Appeal Tribunal (CAT) ruling has reopened debate on the availability of ‘user damages’ in competition claims. Writing in NLJ this week, Edward Nyman of Hausfeld explains how the CAT allowed Dr Liza Lovdahl Gormsen’s alternative damages case against Meta to proceed, rejecting arguments that such damages are barred in competition law
back-to-top-scroll