Speaker:

Francis Wilkinson

Published:

Format:

E-Training

Category:

Family

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A review of the procedure relating to TOLATA claims under the Civil Procedure Rules and related case law from Francis Wilkinson, who acted on behalf of Mr Dowden in Stack v Dowden. Focuses on pre-action requirements, making Part 36 offers, the costs implications of acceptance and rejection of Part 36 offers, together with practical tips for drafting pleadings.

What is included?

• A 30 minute audio presentation – you can listen on your computer/laptop, MP3 player/iPod/iPad
• Assessment facility – take a multiple choice test online to gain 1 CPD point
• Family Law CPDtracker – keep track of all your CPD points online
• Supporting downloadable documents include: Sharing interests in land when cohabitants separate flow chart

Content and Learning Outcomes

• The Civil Procedure Rules 1998, in particular
  - pre action requirements and the ‘overriding objective'
  - commencing proceedings - Part 7 or Part 8?
  - making offers under Part 36
  - the cost consequences of Part 36 offers
  - instructing experts under Part 35
• The principles established in Stack v Dowden in relation to:
  - express trusts
  - the presumption of joint beneficial ownership and when that arises
  - the criteria for establishing a beneficial interest in cases of sole ownership
  - imputing an agreement
  - inferring an agreement
• Factors constituting the ‘whole course of dealing with a property’
• Case law developments following Stack v Dowden
• The definition and applicability of ‘the domestic consumer context’ and the scope of TOLATA disputes
• Lifetime occupation of the home as a beneficial interest
• Actual, inferred and imputed agreements
• Ambulatory trusts
• Equitable accounting
• Practical tips for drafting pleadings

Who Should Listen

• Solicitors
• Barristers
• Paralegals
• Legal executives

Level of Expertise: Advanced

Please click here for a FREE 10 minute demo

*This audioCPD is a little dated and now part of the archive

Francis Wilkinson Barrister, Field Court Chambers

Francis’ family law practice encompasses child care and related public law work for local authorities and private clients. He deals with contact and residence proceedings often involving jurisdictional issues.

He also specialises in ancillary relief and the division of the property of separating cohabitants and appears regularly in the High Court and County Court. He speaks professionally on subjects including child care law and procedure, the law of domestic violence and trusts of land for cohabitants. Outside his work at the Bar he has a particular interest in the reform of the law on drugs. Francis undertakes Public Access Work

He was also instructed by Mr Stack in the seminal case of Stack v Dowden which was determined in the then House of Lords.

• Trusts of Land & Appointment of Trustees Act 1996
• Civil Procedure Rules 1998
• Stack v Dowden [2006] 1 FLR 254 & [2007] 1 FLR 1858
• s53(1) Law of Property Act 1925
• Oxley v Hiscock [2004] 2 FLR 669
• Gissing v Gissing [1971] AC 886
• Morris v Morris & Others [2008] EWCA Civ 257
• Laskar v Laskar [2008] 2 FLR 589
• Kernott v Jones [2010] 1 FLR 38 & [2010] EWCA Civ 578, [2010] 2 FLR forthcoming
• Thompson v Humphrey [2010] 2 FLR 107

Under the Solicitors Regulation Authority and ILEX’s Continuing Professional Development Schemes, listening to this audioCPD and completing the online assessment correctly will receive 1 accredited CPD hour.  Listening to this audioCPD will receive at least ½ a CPD hour (actual time taken can be claimed).  Please quote reference EH/Jord.

Under the Bar Standards Board's New and Established Practitioner Programme, listening to this audioCPD and completing the online assessment correctly will receive 1 accredited CPD hour.  Listening to this audioCPD will receive at least ½ a CPD hour (actual time taken can be claimed).

CPD Requirements

Solicitors
The CPD year for solicitors and registered European lawyers (RELs) runs from the 1st of November to 31st of October.  Newly qualified solicitors and RELs must undertake one hour of CPD for each complete month worked from the date of admission/registration to 31 October.  Those admitted/registered on 1 November will go straight into their first CPD year.  The CPD requirement for solicitors and RELs in their first CPD year and thereafter is 16 hours.

At least 25% (4 hours) of the requirement must be met by attending or participating in courses offered by SRA accredited providers.

The remaining 75% (12 hours) of the requirement can be met by undertaking other activities, including listening to an audioCPD and participating in the online assessment.  Actual time may be claimed.

Barristers
The CPD year for barristers runs from 1st of January to 31st of December with all returns due by 31st of January in the following year.  For established practitioners (barristers who have completed the first three years of practice), a minimum of 12 hours CPD must be completed, of which a minimum of 4 hours must be accredited. AudioCPD can provide you with all 12 hours.

For practitioners in the first three years of practice, a minimum of 45 hours of CPD training must be obtained, of which at least 9 hours must be advocacy related and 3 hours must be ethics related training.  Listening to an audioCPD and completing the online assessment will count towards the remaining 33 hours required.

Legal Executives
Fellows are required to undertake a minimum of 16 hours CPD each year, and Members a minimum of 12 hours CPD.  Both Fellows and Members must achieve at least half of their CPD in their chosen specialist area.  The CPD year runs from 1st of January to 31st December, with 25% of Fellows and Members being randomly selected in March of the following year to submit their logbook to ILEX. Those not selected and contacted by ILEX need not submit their logbook.  Listening to an audioCPD and taking the online assessment can provide you with your annual CPD requirement.

A record of all CPD completed with Family Law is maintained online and is accessible to you for two years/until you delete your CPDtracker account.