Ten years ago the authors wrote a piece to assist family practitioners with the procedural aspects of cohabitation claims which are covered by the Civil Procedure Rules and not the family jurisdiction. Like so many areas of law, such claims have become increasingly common, yet they do not need to be complicated. This month's article on procedure represents not only the beginning of a three part ‘How to do it guide' but also an update to the previous article which now includes, amongst other topics, a discussion on safeguards to protect the disputed property, how to deal with the mortgage during the dispute and what information and evidence should be gathered in order to give appropriate advice on the potential claim. There is also extensive discussion of how to comply with pre-action protocol in providing the letter before claim to the opposing party and some helpful guidelines as to the content of such letters. Part 2 will cover the procedure and practicalities for the issue and conduct of a claim under s 14 of the Trusts of Land and Appointment of Trustees Act 1996 while Part 3 will be devoted to an update on the relevant case-law.
The full version of this article appears in the April 2013 issue of Family Law.