Cohabitation Claims 2nd Edition

This new edition provides family law practitioners with practical guidance through each stage of the process from initial instruction to final hearing. Family lawyers are often concerned at their lack of familiarity with the Civil Procedure Rules (CPR) and it can prove challenging to advise on the complex concepts emerging from the case law relating to cohabitant property claims.

This book is a comprehensive introduction to the current law and procedure in this area. Written by experienced barrister Resolution members and edited by Graeme Fraser, Chair of the Cohabitation Committee, it contains significant revisions to take into account changes in the law and procedure in the last eight years.

Coverage includes:

• Analysis of the Supreme Court decision in Jones v Kernott and subsequent case law on the quantification and valuation of the beneficial interest.

• The importance of costs budgeting.

• An expanded section on Case Management Conferences.

• Procedural developments regarding disclosure and experts

• The strategic use of Part 36 and Calderbank offers.

• The running of claims under Schedule 1 of the Children Act, which are often concurrent with TOLATA claims.

• Expanded sections on bankruptcy and the use of declarations of trust.

Updated case studies take into account significant case law decisions since the first edition.

Table of Contents:

1 The background

Graeme Fraser

2 Trust principles

Elissa Da Costa-Waldman

3 First meeting

Alexander Chandler

4 Pre-action conduct

Michael Horton

5 The conduct of proceedings

Nicola Fox

6 Further procedural matters

Rhys Taylor

7 Possible related proceedings

Andrzej Bojarski

8 Possible satellite issues

Christopher Stirling

9 Avoiding TOLATA disputes

Jonathan Nosworthy

10 Case studies

Christopher Stirling

Appendices