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Borderlines in Private Law

Edited by: William Day, Julius Grower
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Lord Denning: Life, Law and Legacy



  


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 Jonathan Karas


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Cohabitation Claims: A Resolution Guide 2nd ed

Edited by: Graeme Fraser

ISBN13: COHA2nd
Previous Edition ISBN: COHA1st
Published: April 2019
Publisher: Resolution (SFLA)
Country of Publication: UK
Format: Paperback
Price: £75.00



Despatched in 2 to 4 days.

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.

Subjects:
Family Law
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

Series: Resolution: First for Family Law