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The Profectional Newsletters
13 September 2018

Informal Interests
in Property (1):
Introduction to
Implied Trusts
- Resulting Trusts and
Constructive Trusts
#

Informal Interests
in Property (2):
Equity
and the Family Home
#

Informal Interests in Property (1): Introduction to Implied Trusts - Resulting Trusts and Constructive Trusts Informal Interests in Property (2): Equity and the Family Home

by
Prof. Steven Gallagher,
Associate Professor of Practice in Law,
Associate Dean (Teaching & Learning),
The Faculty of Law,
The Chinese University of Hong Kong

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 Code: EVT000000251
Date: 4 October 2018 (Thursday) Date: 11 October 2018 (Thursday)
Time: 14:30 - 17:45
(Reception starts at 14:00)
Time: 09:30 - 12:45
(Reception starts at 09:00)
Venue: Kornerstone Institute
15/F, Hip Shing Hong Centre
55 Des Voeux Road Central
Central, Hong Kong
Venue: Kornerstone Institute
15/F, Hip Shing Hong Centre
55 Des Voeux Road Central
Central, Hong Kong
Level: Intermediate Level: Intermediate
Language: English Language: English
Accreditations: LSHK CPD Points being applied for Accreditations: LSHK CPD Points being applied for
Admission: Standard Fee: HK$1,780.00
Advanced Booking: HK$1,480.00
(on or before 20 September 2018)

Please call 2116 3328 for details
and Group Discount
Admission: Standard Fee: HK$1,780.00
Advanced Booking: HK$1,480.00
(on or before 27 September 2018)

Please call 2116 3328 for details
and Group Discount
This course has previously been
accredited by the Law Society
of Hong Kong for 3 CPD Points,
discount ends next Thursday,

register now!
This course has previously been
accredited by the Law Society
of Hong Kong for 3 CPD Points,
register now!
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Prof. Steven Gallagher

Steven Gallagher was awarded a first class LL.B.  He was called to the Bar of England and Wales in 2006.  Steven has taught Equity and Trusts, Land Law and Company Law to undergraduates and International Corporate Liquidation and International Corporate Governance to postgraduates in England and Hong Kong.  Steven teaches the Equity and Trusts courses for undergraduate students, the Principles of Equity and Trusts course on the Juris Doctor course and, in 2013, introduced the Principles of Cultural Heritage Law course to the LLM programme at the Chinese University of Hong Kong.  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.

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.

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 purchased as a family home.  The seminar will consider how the court may consider beneficial interests in the family home upon divorce.  The seminar then considers how unmarried couples may have interests in the family home when the property is held in the couple’s joint names, in the sole name of one of the couple or when neither of the couple have legal title to the property.  The seminar considers how express trusts, resulting trusts, constructive trusts, proprietary estoppel and promissory estoppel may affect interests in the family home.

Some of the topics considered in this seminar include:

  • Express trusts and ancillary relief;
  • Ante-nuptial and post-nuptial agreements;
  • Co-ownership of the family home after Stack v Dowden [2007] UKHL 17;
  • Varying interests in the family home after Jones v Kernott [2011] UKSC 53;
  • Establishing an interest in another’s property by way of resulting trust, constructive trust and/or proprietary estoppel;
  • Establishing an interest in a property by way of promissory estoppel.

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- Impacts for the Enactment of New Apology Ordinance
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Last Chance, Register Now!
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Presenter(s): Mr. Albert So
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Date: 26 September 2018 (Wednesday)
Time: 14:30 - 17:45
Venue: Kornerstone Institute, 15/F, Hip Shing Hong Centre,
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Language: English
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Presenter(s): Mr. Amirali B. Nasir, M.H., J.P.
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Time: 09:30 - 12:45
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55 Des Voeux Road Central, Central, Hong Kong
Language: English
Accreditation(s): LSHK 3.5 CPD Points
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Time: 14:30 - 17:45
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Language: English
Accreditation(s): LSHK CPD Points being applied for
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Accreditation(s): LSHK CPD Points being applied for
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Discount Ends Today, Register Now!
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Presenter(s): Mr. Gary Meggitt
Code:
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Time: 14:30 - 17:45
Venue: Kornerstone Institute, 15/F, Hip Shing Hong Centre,
55 Des Voeux Road Central, Central, Hong Kong
Language: English
Accreditation(s): LSHK 3.0 RME Elective Hours
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Advanced Booking: HK$1,780.00
(on or before 26 September 2018)
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Principles and Practice
#

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Presenter(s): Prof. Julien Chaisse
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55 Des Voeux Road Central, Central, Hong Kong
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Advanced Booking: HK$1,480.00
(on or before 28 September 2018)
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and Other "Cryptocurrencies"
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Date: 15 October 2018 (Monday)
Time: 09:30 - 12:45
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55 Des Voeux Road Central, Central, Hong Kong
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55 Des Voeux Road Central, Central, Hong Kong
Language: English
Accreditation(s): LSHK CPD Points being applied for
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55 Des Voeux Road Central, Central, Hong Kong
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Accreditation(s): LSHK 3.0 RME Elective Hours
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Language: English
Accreditation(s): LSHK CPD Points being applied for
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