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CPD Course:
Informal Interests
in Property (2):
Automatic Resulting
Trusts (Including
Quistclose Trusts and
Romalpa Clauses) 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: |
EVT000000319 |
Level: |
Intermediate |
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| Date: |
27 October 2020 (Tuesday) |
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 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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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 and constructive trusts to recognise interests in property. The seminar will provide an overview of automatic resulting trusts and constructive trusts The seminar will consider the circumstances in which automatic resulting trusts arise and how they have been developed In particular, we will consider the use of automatic resulting trusts to justify the recognition of Quistclose trusts and contrast these with the use of Romalpa clauses The seminar will conclude by considering the use of remedial as opposed to institutional constructive trusts and the categories of constructive trust that may be recognised in Hong Kong The common intention constructive trust will be considered as and compared to the doctrine of proprietary estoppel.
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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 automatic resulting trust;
- Quistclose trusts;
- Romalpa clauses;
- Remedial and institutional constructive trusts;
- The categories of constructive trust recognised in Hong Kong;
- Common intention constructive trusts and proprietary estoppel;
- 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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