Imagine that the events in Kingsnorth Trust v Tizard (1986) 51 P & CR 296 took place 38 years later than they did in reality (thus, that the marriage broke down in 2020) and that the case was heard in 2022.

Dear Sir/Ma’am,

I hope you are well. Please, how should I include the new TOLATA when writing a modern-day judgement on the Kingsnorth Trust v Tizard case? Please may you provide a paragraph of the judgement, please where I would talk about how, because the case actually happened in 1986, but TOLATA was introduced in 1996, the original judgement wouldn’t have considered this, and therefore I should? I just don’t understand how to incorporate it into my answer. It’s meant to be as if we were the judge, but instead of the marriage breaking down in 1986, it broke down in 2020 and was heard in 2022.

Here is the question:

Imagine that the events in Kingsnorth Trust v Tizard (1986) 51 P & CR 296 took place 38 years later than they did in reality (thus, that the marriage broke down in 2020) and that the case was heard in 2022. You are the judge in the Chancery Division.  Using modern conventions of judgment-writing, apply today’s law of co-ownership in a modern-day judgment

May you please help me to understand the structure as well? So far, I started with the facts of the case, then the issues. I know I should be including case law and statutes, but I’m confused about how to go about this. Please may you show me what to write for the judgement, particularly where and how I would include the TOLATA act, case law, what other judges say, and academic opinions? 

Thank you in advance and take care.