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The Profectional Newsletters
5 October 2020

Informal Interests
in Property (1):
Presuming Interests
and Illegality
#

Informal Interests
in Property (2):
Automatic Resulting
Trusts (Including
Quistclose Trusts and
Romalpa Clauses) and
Constructive Trusts
#

Informal Interests in Property (1): Presuming Interests and Illegality Informal Interests in Property (2): Automatic Resulting Trusts (Including Quistclose Trusts and Romalpa Clauses) and Constructive Trusts

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: EVT000000318 Code: EVT000000319
Date: 19 October 2020 (Monday) Date: 27 October 2020 (Tuesday)
Time: 14:30 - 17:45
(Reception starts at 14:00)
Time: 14:30 - 17:45
(Reception starts at 14:00)
Venue: Online via Zoom Venue: Online via Zoom
Level: Intermediate Level: Intermediate
Language: English Language: English
Accreditations: LSHK 3.0 CPD Points Accreditations: LSHK CPD Points being applied for
Admission: Standard Fee: HK$1,780.00
Advanced Booking: HK$1,480.00
(on or before 5 October 2020)

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 13 October 2020)

Please call 2116 3328 for details
and Group Discount
This course has been accredited by
The Law Society of Hong Kong
for 3.0 CPD Points,
discount ends today, register now!
Discount ends next Tuesday,
register this course 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 teaches the equity and trusts courses for undergraduate and postgraduate students.  Steven also teaches a course on art, antiquities, cultural heritage and the law on the LLM programme.  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 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.

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.

Course Outline:

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.

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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