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The Profectional Newsletters
23 October 2020

Property Law
in the Domestic
Consumer Context:
Cohabitation, Trusts
and Companies
#

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

Property Law in the Domestic Consumer Context: Cohabitation, Trusts and Companies Informal Interests in Property: 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: EVT000000320 Code: EVT000000319
Date: 26 November 2020 (Thursday)
(Amended)
Date: 27 October 2020 (Tuesday)
Time: 14:30 - 17:45 (Amended)
(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 3.0 CPD Points
Admission: Standard Fee: HK$1,780.00
Advanced Booking: HK$1,480.00
(on or before 12 November 2020)

Please call 2116 3328 for details
and Group Discount
Admission: Standard Fee: HK$1,780.00
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, register now!
This course has been accredited by
The Law Society of Hong Kong
for 3.0 CPD Points, last chance,
register now!
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and Registration Form
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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 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;
  • How to decide on ownership issues when a property is in joint names;
  • How to decide on ownership issues when a property is in a single name;
  • How to decide on ownership issues when a property is in neither party’s name.

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.

10% Off Special Discount: Enroll any 3 or more courses | Register a group of 3 or more
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Presenter(s): Mr. Chris Sykes
Code:
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Time: 14:30 - 17:45
Venue: Online via Zoom
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Accreditation(s): LSHK 3.0 CPD Points
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#
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#
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Presenter(s): Dr. Stephen Hall
Code:
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Time: 14:30 - 17:45
Venue: Online via Zoom
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Accreditation(s): LSHK 3.0 CPD Points
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- Cases on Solicitors' Negligence
#
RME Elective: Professional Negligence - Cases on Solicitors' Negligence
Presenter(s): Dr. Roger So
Code:
EVT000000311
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#
Admissions, Without Prejudice Privilege and the Apology Ordinance
Presenter(s): Mr. Gary Meggitt
Code:
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Date: To be Confirmed (Amended)
Time: 14:30 - 17:45
Venue: Online via Zoom
Language: English
Accreditation(s): LSHK 3.0 CPD Points
Admission: Standard Fee: HK$1,780.00
Advanced Booking: HK$1,480.00
(until further notice)
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Presenter(s): Mr. Gary Meggitt
Code:
EVT000000315
Date: 18 November 2020 (Wednesday) (Amended)
Time: 14:30 - 17:45 (Amended)
Venue: Online via Zoom
Language: English
Accreditation(s): LSHK 3.0 CPD Points
SFC 3.0 CPT Hours
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Common Pitfalls and How to Avoid Judicial Review
#
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Code:
EVT000000323
Date: To be Confirmed (Amended)
Time: 14:30 - 17:45
Venue: Online via Zoom
Language: English
Accreditation(s): LSHK 3.0 CPD Points
Admission: Standard Fee: HK$1,780.00
Advanced Booking: HK$1,480.00
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