Jurisdiction(s):
United Kingdom

Related legal acts

Key definition

Sears Tooth agreement definition

What does Sears Tooth agreement mean? A Sears Tooth agreement is a family law funding arrangement in which a client assigns to their solicitor the future proceeds of their financial remedy claim (for example, a lump sum or property adjustment on divorce) so the solicitor’s fees are paid from any recovery, deferring payment until settlement or judgment. It is a descriptive term, not created by statute, and in England and Wales its validity rests on case law recognising an equitable assignment of the fruits of litigation (notably Sears Tooth (a Firm) v Payne Hicks Beach [1997] 2 FLR 116). Key features include: a written...

Sears Tooth Agreements in Financial Remedy Proceedings: Assignment of Awards to Secure Fees - Case Law, Practice Points and SRA Credit Rules (England and Wales)

Published by a LexisNexis Family expert

Practice notes

This Practice Note provides guidance on the arrangement whereby a party to family proceedings assigns part of a prospective entitlement to their solicitors to cover legal fees, and outlines the courts’ guidance on when such Agreements are suitable and the need for independent legal advice. The Family Procedure Rules 2010, SI 2010/2955, 1.1 set out the overriding objective, which includes ensuring parties are on an equal footing when a case is dealt with justly. A Sears Tooth agreement can enable a spouse or civil partner who lacks the means to fund legal fees to obtain proper advice and representation in family proceedings. For alternative funding routes, see also Practice Notes: Funding—legal services orders and costs allowances and Eligibility for family legal aid.

The Sears Tooth case Assignment of potential rights

In Sears Tooth v Payne Hicks Beach, the court considered whether a deed of assignment was valid where the wife had agreed to assign her rights in any financial provision and costs orders (other than periodical payment orders)...

To view the latest version of this document and thousands of others like it, sign-in with LexisNexis or register for a free trial.

Web page updated on 21/05/2026

Popular documents

Using the Judicial College Guidelines to assess general damages in personal injury claims

When evaluating a general damages claim, the practitioner ought initially to refer to the Judicial College Guidelines (JCG)...

Tomlin orders in England and Wales: CPR guidance on drafting, confidentiality, approval, variation, enforcement, limitation, CCA issues, court-specific requirements, sample wording and precedents

This Practice Note This Practice Note reviews mechanisms used in settling litigation. A Tomlin order consists of a consent order paired with a schedule. It operates to stay proceedings on terms that have been agreed. The provisions contained in the schedule may remain confidential. This Practice Note describes the scope of confidentiality attaching to the schedule and sets out how it differs from a standard consent order. Sample wording for a Tomlin order is included, alongside links to precedents, as well as guidance on court approval. It also addresses varying, setting aside and enforcing a Tomlin order, including the considerations the court will take into account when handling applications for each. Further guidance is provided on interpreting and applying the relevant provisions of the CPR; however, some courts and divisions impose very specific requirements for both drafting and approval, and for approaching the schedule and confidentiality issues. Accordingly, you must consider the particular rules and court guide provisions in the forum where your claim is proceeding when drawing up the Tomlin order...

Precedent: Deed of Surrender of Lease with Optional Premium, Settlement and Release, Landlord, Mortgagee and Guarantor Consents, Reimbursement and HM Land Registry Provisions (England and Wales)

Date [ date ] Parties [ name of Landlord ] [ of OR incorporated in England and Wales (company registration number [ number ]) with its registered office at ] [ address ] (Landlord) [ name of Tenant ] [ of OR incorporated in England and Wales (company registration number [ number ]) with its registered office at ] [ address ] (Tenant) [ [ name of Guarantor ] [ of OR incorporated in England and Wales (company registration number [ number ]) with its registered office at ] [ address ] (Guarantor) ] [ [ name of Mortgagee ] [ of OR incorporated in England and Wales (company registration number [ number ]) with its registered office at ] [ address ] (Mortgagee) ] Definitions Within this Deed, the terms below shall be interpreted as follows: [ Annual Rent • the annual sum reserved under the Lease; ] [ Insurance Rent • the Tenant’s share of the Landlord’s costs of insuring the Property (as set out in the Lease); ] Lease • the lease of the Property dated [ date ], entered into between (1) [ the Landlord OR [ name ...

Precedent Statutory Declaration: Standard Wording under the Statutory Declarations Act 1835

I, [ name ], of [ address ], solemnly and sincerely state that: [ Matters to be verified, set out in numbered paragraphs ] I make this solemn statement in good conscience, believing it to be true, and pursuant to the provisions of the Statutory Declarations Act 1835. DECLARED at [ details ] this [ day ] day of [ month and year ] Before me ................................................................................ [ signature of the person before whom the declaration is made ] A [ commissioner for oaths OR [ solicitor OR [ insert other qualification ] ] authorised to administer oaths ]...