Drafting re property disputes in FR proceedings

Jake R Ellis,Family Team; Deputy Head of Business, Property and Probate Team, Broadway House Chambers

Since TL v ML [2005] EWHC 2860 (Fam), [2006] 1 FLR 1263, there has been an expectation that property disputes involving third parties are resolved by way of a preliminary hearing ‘approached on exactly the same legal basis as if it were being determined in the Chancery Division’ with ‘fully pleaded … points of claim and points of defence’.  The aim of this article is to provide some practical guidance to assist practitioners with drafting said points of claim and points of defence. It is hoped that the practical guidance will also assist practitioners who undertake property disputes in the property court, given the same principles will apply to drafting particulars of claim and defences. 

The full article has published in the May issue of Family Law. 

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