TOLATA and Family Proceedings: in Support of a Practice Direction

Andrew Greensmith Solicitor Deputy District Judge Head of Private Client Dickson Haslam

Who would argue with the presumption that all family law disputes are appropriate for referral to alternative dispute resolution (ADR) considering ADR's pivotal role in family law? One would assume few family lawyers would. Consider however the client who believes the suggestion to enter ADR is a ploy to expose him to further mental abuse from his partner; or the client who believes that his partner is hiding behind her lawyer's interpretation of the case and thinks that the only way of revealing the truth will be for her to be cross examined. In family cases once financial proceedings have been issued there is the fall back position that the case will be listed for a financial dispute resolution (FDR) hearing where the court will become actively involved in promoting a settlement by court led mediation.

All claims under s 15 of the Trusts of Land and Appointment of Trustees Act 1996 (TOLATA) dealt with by family lawyers are the result of relationships which have broken down. While governed by the Civil Proceedings Rules 1998 (CPR) they are family proceedings in...

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