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CPD Course:
"The
Glorious Uncertainty
of the Law":
Developing an
"Equitable Toolkit"
from "First Principles"
for a "Plain Man’s
Guide to the Law
of Co-Ownership"
of Personal Property,
Money in Bank Accounts
and Real Property -
When is a Gift a Trust?
Presented by
Prof. Steven Gallagher,
Associate Professor of Practice in Law,
Associate Dean (Teaching & Learning),
The Faculty of Law,
The Chinese University of Hong Kong |
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| Code: |
EVT000000231 |
Level: |
Intermediate |
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| Date: |
10 May 2018 (Thursday) |
Language: |
English |
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| Time: |
09:30 - 12:45
(Reception starts at 09:00) |
Accreditation(s): |
LSHK 3.0 CPD Points |
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Request for Rerun: |
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| Presenter's Profile: |
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Steven Gallagher was awarded a first class LL.B. He was called to the Bar of England and Wales in 2006. Steven teaches equity and trusts, property law, and digital technology and law. Steven also teaches a course on art, antiquities, cultural heritage and the law. Steven has presented continuing professional development courses for solicitors in Hong Kong on many topics associated with property. Steven’s research interests include equity and the law of trusts, art and cultural heritage law and legal history. He is not a technologist. In 2023 Steven published the first treatise dealing formally and systematically with all the major aspects of, and entitled, Digital Technology and Law.
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| Course Outline: |
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Over the last 50 years the common law courts have attempted to develop principles dealing with disputed ownership of property. In this time distinct principles and new doctrines have developed with regard to different forms of property, for example the common intention constructive trust has usurped the presumption of resulting trust in disputes involving the ownership of the family home between unmarried cohabiting coupes; and traditional doctrines have been relegated to residual presumptions or abolished as anachronistic and inappropriate for modern societal and familial needs, for example the presumption of advancement in England.
However, recent decisions of the Privy Council in Marr v Collie (Bahamas) [2017] UKPC 17 and Whitlock v Moree (Bahamas) [2017] UKPC 44, may have resurrected the presumption of resulting trust and, by association, the presumption of advancement. These decisions may also have clarified or confused the law in various areas for example: the new presumptions identified in Stack v Dowden [2007] UKHL 17 and Laskar v Laskar [2008] EWCA Civ 347; the law regarding beneficial ownership of money held in joint bank accounts; the importance of the common intention constructive trust; and the importance of the intention of the donee or settlor when property is transferred into the joint names of the donee or settlor and the name of another.
This seminar considers these recent decisions and attempts to construct a framework that may be used to clarify interests in property from their consideration of earlier judgments in Stack v Dowden [2007] UKHL 17, Laskar v Laskar [2008] EWCA Civ 347 and Jones v Kernott [2011] UKSC 53. The evidential principles that should be applied will be considered in the light of the Court of Final Appeal decision in Leung Wing Yi Asther v Kwok Yu Wah (2015) 18 HKCFAR 605 and the Rule in Shephard v Cartwright.
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This course is provided by: |
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Telephone: +852 3118 2371 | Facsimile: +852 3118 2372 Postal Address: P.O. Box 9993, General Post Office, Hong Kong |
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