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CPD Course:
Informal Interests
in Property (1):
Introduction to
Implied Trusts
- Resulting Trusts and
Constructive Trusts
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: |
EVT000000250 |
Level: |
Intermediate |
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| Date: |
4 October 2018 (Thursday) |
Language: |
English |
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| Time: |
14:30 - 17:45
(Reception starts at 14:00) |
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: |
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 and constructive trusts to recognise interests in property. The seminar will consider the categorisation of resulting trusts and the demise of the presumption of resulting trust in the UK and its survival in Hong Kong. Recent developments in the use of automatic resulting trusts to justify the recognition of Quistclose trusts will also be considered. The seminar will then consider the issue of remedial as opposed to institutional constructive trusts and the categories of constructive trust that may be recognised in Hong Kong. |
| Some of the topics considered in this seminar include: |
- 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 automatic resulting trust;
- Quistclose trusts;
- Remedial and institutional constructive trusts;
- The categories of constructive trust recognised in Hong Kong;
- The disputed issues in this area of the law.
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This course is provided by: |
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Relevant CPD Courses |
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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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