Jurisdiction(s):
United Kingdom

Related legal acts

Key definition

ACT definition

What does ACT mean? In corporate and banking practice, ACT usually refers to the Association of Corporate Treasurers, the UK-based professional body for corporate treasury professionals, rather than a statutory “Act”. It is not defined in legislation or case law; the acronym is market terminology used in transaction documents and governance materials. The Association of Corporate Treasurers promotes professional standards in liquidity management, funding, cash and risk management, foreign exchange and derivatives. It publishes guidance and a code of ethics and awards recognised qualifications (including AMCT and FCT). In legal contexts, references to “ACT-qualified” personnel or to ACT good practice may appear in treasury policies,...

Compromising contentious trusts and estates: ADR, trustees’ powers, court directions, representation and approval (CPR 19, 21, 57), probate settlements, and 1975 Act claims; practice and procedure in England and Wales

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Practice notes

Introduction

Settlements in Trusts, Estate and inheritance conflicts are frequently reached after the parties take part in alternative dispute resolution (ADR), commonly through mediation. It is vital that those involved and their advisers (and, ideally, the mediator) remain alert to the legal and procedural steps required to make the agreement binding and to bring the dispute to a formal close.

Judicial approach to ADR and sanctions

ADR is a key mechanism for resolving trusts, estates and inheritance matters. It features prominently in the Association of Contentious Trusts and Probate Specialists’ Practice Guidance for the Resolution of Probate and Trust Disputes (the ACTAPS Code), and sits at the heart of the court’s case management powers in advancing the overriding objective under the Civil Procedure Rules (CPR).

See:

ACTAPS Code (paras 2.9–2.13)
Practice Direction Pre-Action Conduct and Protocols, paras 8–11
CPR 1.3, 1.4(1), 1.4(2) and 3.1(2)(m)

Standard directions from the court frequently urge parties to consider ADR, noting that the court may demand reasons for any refusal to take part, and cautioning that non-engagement may result in adverse costs consequences. The court does more than merely pay lip-service to the significance of participation...

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James Davies

New Square Chambers

James Davies has a civil practice specialising in commercial and chancery matters. He appears regularly in the County Court and the High Court on interlocutory applications and appeals as well as fast track and multi-track trials. Before coming to the Bar James qualified as a Chartered Accountant. His professional practice included the audit of family owned companies (in particular construction businesses) and professional partnerships. James continues to remain up to date with industry developments and is able to apply his commercial experience to many of his cases. His commercial practice extends to shareholders and share purchase disputes, along with insolvency, both personal and corporate. His probate practice includes contentious and non-contentious work, including contentious probate, claims for breach of fiduciary duty, applications to remove personal representatives, statutory wills and 1975 Act claims. ...

Web page updated on 28/05/2026

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