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A Proposed Draft Final TOLATA Order

Date:18 SEP 2014
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Barrister, arbitrator and mediator
Just about every permutation of order in family proceedings has been considered in the Family Standard Orders project. However family lawyers and litigants in person are given no suggested template for an order made at the conclusion of proceedings brought under the Trusts of Land and Appointment of Trustees Act 1996. These disputes often bear all the hallmarks of a 'family' dispute but do not feature in the Standard Orders menu as they are civil orders made in Chancery Division of the High Court or in the County Court.

Here follows a suggested draft for a basic final TOLATA order concerning a property subject to a mortgage in the style of the Family Standard Orders with the occasional marginal note. Attention is also drawn to the particular and additional requirements when lodging orders (whether by consent or otherwise) before Chancery Masters pursuant to a Practice Direction issued by the Chief Master that is effective from 1 October 2014.


Read the full article here.