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Course Details

(Webinar via Zoom) Informal Interests in Property: Presuming Interests and Illegality
Steven Gallagher, Professor of Practice in Law, Associate Dean (Teaching & Learning), The Faculty of Law, The Chinese University of Hong Kong
Date: 1 April 2021 (Thursday)
Time: 2:30pm - 5:45pm
Level: I (Intermediate)
For delegates who have prior knowledge of the subject area
Language: English
Fee: HK$ 1,700
Accreditation: (Law CPD Points will be applied for)
Ref: L21TP02
Venue: Webinar Course
Presenter's Biography:

Steven Gallagher was awarded a first class LL.B. He was called to the Bar of England and Wales in 2006. Steven teaches the equity and trusts courses for undergraduate and postgraduate students. Steven also teaches a course on art, antiquities, cultural heritage and the law on the LLM programme. Steven has presented continuing professional development courses for solicitors in Hong Kong on many topics associated with equity. Steven's research interests include equity and the law of trusts, cultural heritage law and legal history.
 
Objective:

This 3-hour seminar will provide an introduction and overview of the use of equity to establish and/or vary interests in property. The seminar will consider implied trusts and the development of the law of resulting trusts to recognise interests in property. The seminar will consider the categorisation of resulting trusts as presumed resulting trusts and automatic resulting trusts. The seminar will then consider the seeming demise of the presumption of resulting trust and its linked but contrary presumption, the presumption of advancement, in England and its survival in Hong Kong. The doctrine of illegality as it affects presumed resulting trusts in Hong King will also be considered.
 
Outline:

  • Implied trusts;
  • The origins of the doctrines of resulting trusts and constructive trusts;
  • The presumption of resulting trust;
  • Rebutting the presumption of resulting trust;
  • The resurrection of the presumption of resulting trust by the Privy Council in Marr v Collie [2017] UKPC 17;
  • The presumption of advancement in Hong Kong;
  • The doctrine of illegality in Hong Kong including issues with the Small House Policy;
  • The doctrine of illegality after the Supreme Court's decision in Patel v Mirza [2016] UKSC 42.

 
Category: Trust, Succession & Probate
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