| (Webinar via Zoom) The Universal Equitable Toolkit: Equitable Solutions to Disputes involving the Living, the Dead and all Forms of Property |
| Date: |
14 July 2026 (Tuesday) |
| Time: |
2:30pm - 5:45pm |
| Level: |
I (Intermediate)
For delegates who have prior knowledge of the subject area |
| Language: |
English |
| Fee: |
HK$ 1,850 |
| Accreditation: |
(3 CPD Points will be applied for) |
| Ref: |
L26OT13 |
| Venue: |
Webinar Course
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Presenter's Biography:
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 a course on art, antiquities, cultural heritage and the law. In September 2023, Steven began teaching a new course on digital technology and law. Steven has presented over 200 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, cultural heritage law, artists', authors' and sportspersons' right and responsibilities, Chinese custom and law, and innovative ways to teach law including using superhero films and the Game of Thrones TV series. In 2023, Steven published the first treatise on Digital Technology and Law.
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Objective:
In Whitlock v Moree [2017] UKPC 44, at [23], the majority of the Privy Council (Lord Briggs, with whom Lady Hale and Lord Sumption agreed) observed that there are "well established principles which assist the courts in resolving disputes as to beneficial ownership of property, and the order in which what may be described as the contents of an equitable toolkit are to be deployed for that purpose." That toolkit, the Board emphasised, is grounded in first principles of equity.
Disputes concerning the ownership of property arise in a wide range of contexts and at different stages of life. This three hour seminar examines how equity responds to such disputes. It begins by identifying the core equitable principles that underpin the resolution of property disputes generally, before exploring their application across different factual settings. It considers disputes arising while all parties are alive, those involving the death of one or more parties, and disputes concerning the administration of a deceased person's estate.
The seminar then turns to disputes arising out of personal relationships, including those involving married couples, parties to a marriage, and cohabiting partners. It highlights the extent to which equitable reasoning may differ depending on the legal and relational context in which the dispute arises.
Attention is also given to whether equity treats particular forms of personal property differently. Illustrative examples include disputes involving shares, joint bank accounts, safe deposit boxes held in joint names, and motor vehicles, raising issues of ownership, registration, and, in some jurisdictions, the distinction between legal owner and registered keeper. Other categories of personal property are also considered.
The seminar concludes by asking whether equity operates with a universal toolkit for resolving property disputes, and, if so, identifying the tools it contains and the principles governing their use.
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Outline:
- The basic principles that equity should apply to all property disputes;
- Disputes among the living;
- Disputes with the dead;
- Disputes over the deceased's estate;
- Special rules and principles of equity for intervivos and testamentary trusts and gifts;
- Disputes among the married or the cohabiting, and with the married or cohabiting;
- Disputes involving land and personal property;
- Disputes involving special forms of personal property;
- Disputes involving land, shares, joint name bank accounts, safe-deposit boxes rented in joint names, the registered owner(s) or keeper(s) of a vehicle, and other forms of personal property.
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| Category: |
Others |
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Bookings & Payments
To reserve a seat, please fax the completed booking form to us. We will send out a written Booking Confirmation either by fax or by email to confirm your booking, normally within 48 hours after receiving the booking form. Payment should be made upon we send the Booking Confirmation to you, or together with the booking form if the booking is received within seven (7) days of the course. You are advised to contact us to confirm your place if you have not received the Booking Confirmation prior to the commencement of the course.
Cancellation
In case of cancellation of a booking, you must inform us in writing at least seven (7) days before the date of the course, and a full refund will be issued (less of HK$300 administration fee). Cancellation of unpaid bookings will incur a HK$300 administration fee and the cancellation will not be deemed effective until payment of such fee is received. No refunds will be given and any outstanding amounts remain payable in full if the written notice of cancellation is made less than (7) days before the date of the course.
Transfer
If you cannot attend a booked course, you must inform us in writing at least 24 hours before the commencing time of the course. You may then:
- Transfer the booking to a replacement delegate;( Not available for Individual Discount Packages)
- Transfer your booking to another course, to be held before 31 October 2026; or
- Request a credit voucher, to be used on another LexOmnibus CPD course to be held before 31 October 2026.
No attendance
Once a booking is confirmed and no written notice of cancellation is received by us within the specified time as mentioned above, if a delegate has not settled the payment for a course and fails to attend, for whatever reason, the course fee will remain payable in full. To be awarded CPD points, full attendance of all parts of the conference is required. If you arrive later, or fail to attend a course, your course fee will not be waived, refunded or a credit voucher issued.
Weather
In the event that the No.8 typhoon signal is hoisted or the Black Rain Storm warning is raised within 2.5 hours of the course or is due to be raised during the course, the course will be cancelled. In the event of cancellation due to bad weather, the course will be rescheduled or a credit note issued. No refunds will be given.
Record of Attendance
A certificate of attendance can be provided at a cost of HK$40. Alternatively, a verification of attendance in letter format, along with the original payments receipt is available, at a cost HK$40. Please apply in writing to request either a certificate or verification letter subsequent to the course.
Conference Venue
All the conferences, except webinars, will be taken place in Central. The address of the conference venue will be notified by email, and via the website.
Other Terms
- We may reschedule, vary the details of a course at any time without liability. If we cancel or reschedule the course, except due to the weather conditions indicated, a credit note will be issued.
- Any bank charges and/or expenses incurred as a result of bounced cheques shall be borne by the delegates.
- LexOmnibus will not issue an invoice for registration of a course except under special circumstances and LexOmnibus reserves the right to charge an administration fee for providing that service.
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