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Recurring misconceptions in TOLATA cases
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At a distance cohabitation disputes involving constructive trusts proprietary estoppel and applications under the Trusts of Land and Appointment of Trustees Act 1996 (TOLATA) look very much like a 'family law' dispute. However close up they are very different creatures indeed.
Whereas in a financial remedy claim (on divorce) you can (broadly speaking) tot up the assets and divide by two a TOLATA case can end up being all or nothing. Few financial remedy cases depend upon who said what years ago – they are largely forward looking and the court paints justice with a broad brush.This means that family lawyers are not generally used to preparing statements in which minute levels of detail need be recorded. It is enough to give a broad picture. A TOLATA case is backward looking and cares little for fairness. It often turns on who is to be believed about who said what. The fine detail of evidence can paint a picture which may make the difference between winning and losing. This requires a different approach to a financial remedy case.
As is well documented there is no...
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