Charlotte John and Cameron Stocks are recording this session for MBL Seminars which will be broadcast on 11th March 2021.
This webinar will cover the following:
- The statutory framework for claims for orders for sale pursuant to s. 14 and 15 of the Trusts of Land and Appointment of Trustees Act 1996
- The principles governing the exercise of the court’s discretion in claims for orders for sale
- The differing considerations that apply where the claim is made by a former cohabitee; a creditor with a charging order; or a trustee in bankruptcy where the exceptional circumstances test under s. 335A(3) of the Insolvency Act 1986 and the three-year ‘use it or lose it’ provisions under Section 283A of the IA 1986 may apply
- Procedural and tactical considerations, including when the Part 8 procedure for issuing claims will be appropriate and when the matter should be issued as a Part 7 claim
- Bringing the application, how to improve your prospects of securing an order
- Being on the receiving end of an application and what can be done to resist it
- Rights of pre-emption and securing an order permitting a beneficiary to buy out the claimant
- Drafting the order, and ancillary issues concerning the implementation of the order for sale and costs
If you would like to listen either on the day or within 90 days of 11th March, please contact MBL Seminars.
