Enforcement of orders made under TOLATA 1996

Produced in partnership with David Salter
Practice notes

Enforcement of orders made under TOLATA 1996

Produced in partnership with David Salter

Practice notes
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This Practice Note sets out the methods of enforcement available to enforce an order made under section 14 of the Trusts of Land and Appointment of Trustees Act 1996 (TOLATA 1996). It details the steps to be taken following an order for sale where one party fails to execute a conveyance together with the procedure to be followed and explains the procedure to be followed on an application to commit for contempt of court.

TOLATA 1996, s 14 enables the court to make a declaration as to the nature and extent of a person’s interest in a property subject to a trust of land and/or for an order for sale of the property. Any trustee or beneficiary of the property is entitled to bring such a claim. See Practice Note: Eligibility to apply under TOLATA 1996.

Order for sale

TOLATA 1996, s 14 confers a discretion upon the court to make an order relating to the exercise by the trustees of any of their functions as it thinks fit. When determining an application for an order

David Salter
David Salter

Solicitor (non-practising)


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 prolific author on a variety of family topics with an acknowledged expertise in relation to pensions on divorce. He is a contributor to the Family Court Practice (The Red Book), Butterworths Family Law Service, Rayden and Jackson, the International Family Law Practice and LexisPSL Family. 

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Jurisdiction(s):
United Kingdom
Key definition:
Enforcement definition
What does Enforcement mean?

The action of compelling a party to comply with a judgment where it has not been complied with voluntarily and the time ordered for compliance has expired.

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