prop claims

The session began with a recap of discussions on previous subjects, emphasizing continuity in learning.

Overview of Pre-Action Protocols:
- No specific pre-action protocol exists, so parties must adhere to the Pre-Action Conduct and Protocols under CPR 1998.
- Key expectations from the court if there's no urgency:
- Parties must exchange sufficient information to understand each other's position.
- Decision-making on how to proceed should be facilitated.
- Efforts must be made to settle issues without court proceedings.
- Non-court dispute resolution must be considered.
- Efficient management of proceedings should be supported.
- Costs of resolving the dispute should be reduced.
Initial Steps:
- Begins with the claimant issuing a letter before action.
- The letter must include:
- Concise details of the claim.
- Basis of the claim.
- Summary of facts.
- Remedy sought.
- Complete monetary claim calculations.
- Defendant's Responsibilities:
- Respond within a reasonable time frame with:
  - Confirmation of acceptance or non-acceptance of the claim.
  - If non-accepted, reasons must be provided.
  - Any counterclaims must include details.

Introduction to Part 36:
- Can be made before the commencement of proceedings; advisable to avoid litigation and recover costs.
Requirements of a Part 36 offer:
1. Must be in writing.
2. Must specify that it’s made under Part 36.
3. Must maintain a period of not less than 21 days for acceptance before costs are to be borne by the defendant.
4. Must clarify scope (whole claim, part of it, or specific issue).
5. Must state consideration of any counterclaim.
Consequences of Non-Compliance:
- Not adhering to pre-action matters can lead to:
- Proceedings being stayed until compliance.
- Adverse cost awards, including indemnity costs.
- For successful claimants, reduction in the awarded amount or interest rates.
- For unsuccessful defendants, monetary awards may result in higher interest rates on sums awarded (up to 10% above the base rate).

Withdrawal Conditions:
- Can only be withdrawn or amended if the offeree has not accepted the offer.
- Requires a written notice for withdrawal.
- Can be automatically withdrawn once the acceptance period expires.
If attempted to withdraw during the acceptance period, court permission is needed if the offeree wishes to accept.
- Court needs to be convinced of a change in circumstances that justifies withdrawal in the interest of justice.

If accepted during the acceptance period:
- Claimant entitled to standard costs up to service of notice of acceptance.
- Any sums due are payable within 14 days, unless parties agree otherwise or the court issues a different order.

Impact of TOLATA:
- Governs property held by cohabitants.
- Section 14 allows cohabitants with an interest in a property to apply for a sale order.
Eligibility to Apply:
- Must be a trustee of the land or a cohabitant with an interest in the property under a trust.
- Beneficial interest must be established.

Matter considerations by the court include:
- Intent of trust creator.
- Purpose of the property held under the trust.
- Welfare of any minors residing there or expected to reside.
- Interests of any secured creditors of any beneficiaries.

Generally, cases are addressed in the County Court which handles any TOLATA claims regardless of the monetary amount involved.
High Court may be preferable for complex issues or substantial sums, which might be heard in Chancery or Family Division.

Part 7 vs. Part 8 of Civil Procedure Rules:
- Part 7: Used for claims involving concurrent claims (e.g., under Schedule 1 of the Children Act 1989) or for substantive factual disputes.
- Part 8: Used mainly for determining issues rather than factual disputes.
Processing Under Part 7:
- Claimant issues a claim form (N1) with specific particulars.
- Defendant's timeline:
- 14 days from service to file a defence.
- 28 days if acknowledged service is filed.
- Typically assigned to a multi-track for detailed case management leading to trial.
Processing Under Part 8:
- Claimant uses form N208 with accompanying written evidence.
- Defendant must acknowledge service within 14 days and provide written evidence concurrently.
- Court may issue directions including setting a hearing date promptly or deferring until responses are given.
- Normally assigned to the multi-track.

In conclusion, the lecture encouraged students to think critically about the procedures related to financial remedies for cohabitants.
Planned transitions into Workshop 7 for practical applications of these principles.
Reminder for Workshop 8 next week that includes a simulated court application preceding the advocacy assessment. No applications will be made for Non-Molestation Orders.