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CPD Course:
Informal Interests
in Property (1):
Presuming Interests
and Illegality
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: |
EVT000000318 |
Level: |
Intermediate |
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| Date: |
19 October 2020 (Monday) |
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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| Venue: |
Online via Zoom |
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 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 law and equity. Steven’s research interests include equity and the law of trusts, Chinese custom and law, cultural heritage law, and law and technology. 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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This three-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.
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| 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 presumption of advancement;
- The doctrine of illegality in Hong Kong including issues with the Small House Policy.
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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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