Presumption of Advancement in UK Law
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Section 199 of the Equality Act 2010: How Not to Abolish the Presumption of Advancement
Section 199 of the Equality Act 2010 seeks to abolish the equitable presumption of advancement. The existence of that presumption, which discriminates according to gender because it applies in rela...
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The Recovery of Property Transferred for Illegal Purposes
... ... -recovery principle still generally precluded recovery where a presumption of advancement applied to the transfer, since in those cases the ... ...
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The ‘Unruly Horse’ has Bolted: Tinsley v Milligan
... ... of resulting trusts hinges on whether there is a presumption of advancement (the plaintiff will fail where there is a ... ...
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The Problem with Intention: Is the Resulting Trust Approaching Extinction?
Although the resulting trust is widely used in a large array of distinct situations; the theoretical basis of the doctrine is often overlooked. This study will evaluate the two prevailing views upo...... ... resulting trusts, Lord Browne-Wilkinson suggests that the presumption is based upon the intention of the settlor. In accordance with this, ... to make a gift’6and the formerly active presumption of advancement.7The ease of rebuttal has often been shown.8 ... Though, Chambers has ... ...
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Modern Day Illegality: Mance LJ and the Range of Factors Approach
The longstanding principles underpinning equitable and common law proprietary claims in relation to illegality have recently been reconsidered in the Supreme Court, the outcome of which was a chang...... ... The issues of illegality, presumption of advancement1(POA) and locus poenitentiae have caused uncertainty in ... 51Beth Richards-Bray, ‘Farewell to the Presumption of Advancement’ [2010] Cov LJ 27, 29 ... 52Virgo (n 16) 267 ... 53Equality Act ... ...
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Contracts For The Benefit of Third Parties
... ... and any presumption of resulting trust was therefore rebutted by the presumption ... The presumption of advancement would save the situation in some cases, but not in all. This ... ...
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Inconsistencies And Injustices In The Law Of Husband And Wife
... ... of trusts and the principles of equity about the presumption of advancement and its refutation code into the picture at ... ...
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The Law of Illegality and Trusts: A New Mess for the Old One
... ... is a case of resulting trust or constructive trust, whether a presumption of resulting trust, advancement or Stack v Dowden is invoked,3and whether ... ...
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Equity And The Law Reform Committee
... ... least one case, it was stated that there is no presumption in favour of such a trust.20 On the other hand, there ... in whose favour equity would raise a presumption of advancement; and those in which it has been said that X manifested '' an ... ...
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Index
... ... 265 EQUITY, see also TRUSTS Non-recovery principle 102 Presumption of advancement 102 EUROPEAN LAW Consociationalism 164 Cultural theory ... ...
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