(N7) (Live Presentation and Webinar) Informal interests in property (2) : Automatic Resulting Trusts (including Quistclose Trusts and Romaba Clauses) and Constructive Trusts

Date:     25 November 2022 (Fridaay)   Time: 2:30pm–5:45pm   Language: English  Level: Elementary

Speaker:          Stephen Gallagher, Associate Professor in Practice of Law and Associate Dean (Teaching & Learning) at the Faculty of Law, The Chinese University of Hong Kong

Lawyer CPD / ACCA CPD / SFC CPT / Insurers’ CPD Pts:  3 points                                  Fee: HK$1,790

Highlights: 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 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 bene 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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Stephen Gallagher
Stephen Gallagher, Professor of Practice in Law, Associate Dean (Academic & Student Affairs), the Faculty of Law, The Chinese University of Hong Kong. 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. In September 2021, Steven published the book, “Protecting Built Heritage in Hong Kong: what heritage and what protection?”

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