Jurisdiction(s):
United Kingdom

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Key definition

Civil Procedure Rules definition

What does Civil Procedure Rules mean? The Civil Procedure rules (CPR) are the procedural code for almost all civil litigation in the County Court, High Court and Court of Appeal (Civil Division) in England and Wales, governing case management, timetables, service, statements of case, disclosure, evidence, costs and appeals. Made by the Civil Procedure Rule Committee under the Civil Procedure Act 1997, the CPR have legal force and are supplemented by practice Directions and pre-action protocols. Core features include the overriding objective (Part 1) and case management powers and sanctions (Part 3, including relief from sanctions). For costs, the CPR (notably Parts 44–47) and...

TOLATA 1996 claims in England and Wales: CPR Part 7 v Part 8 - procedure, transfers and costs

Published by a LexisNexis Family expert

Practice notes

This Practice Note sets out the differences between Parts 7 and 8 of the civil procedure rules 1998 (cpr), SI 1998/3132, in the context of claims pursued under the trusts of Land and Appointment of Trustees Act 1996 (TOLATA 1996), and includes a synopsis of both procedures while considering departures from the Part 8 route and the question of costs.

When should proceedings be issued under Part 7 and when should proceedings be issued under Part 8?

A TOLATA 1996 claim can be started under CPR Part 7 or under Part 8. As a trusts-related claim, a TOLATA 1996 claim is frequently viewed as more appropriate for the Part 8 procedure, by analogy with the requirements of CPR 64.2; however, those provisions apply solely to claims concerning the execution of a trust or brought under the Variation of Trusts Act 1958. Nevertheless, in numerous matters Part 7 is preferable where factual disputes arise and evidence is contested between parties...

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David Salter

David Salter has enjoyed a varied career in family law with over 45 years’ experience. He served as National Head of Family Law at Addleshaw Goddard and, subsequently, as Joint National Head of Family Law at Mills & Reeve, retiring in 2018.From 1997-1999, David was Chairman of Resolution, also acting as the first Chairman of Resolution’s Accreditation Committee. He subsequently became President of the International Academy of Family Lawyers from 2010 to 2012, having previously served as the Academy's European Chapter President.He has sat in various part-time judicial posts since 1985 sitting regularly as a deputy High Court judge and Recorder in the Family Court until March 2022. He now conducts private financial dispute resolution appointments.David was one of the original members of the Family Procedure Rules Committee which framed the 2010 Rules, serving a ten-year term from 2004 to 2014.He is a...

Web page updated on 22/05/2026

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