Fearn v Tate Gallery: Visual intrusion as nuisance
Introduction In Fearn v Trustees of the Tate Gallery, the Supreme Court had to consider whether the creation and operation of a viewing...
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Posted by Admin
- Feb 16
- 6 min
Guest v Guest: Equitable relief and proprietary estoppel
Introduction Remedial discretion is one of the defining characteristics of proprietary estoppel. Once the essential elements of...
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Michael Lower
- May 20, 2021
- 1 min
Treasure Hunting for the Golden Buddha: Property claims for cultural property
You are invited to a meeting of the online Property Law Discussion Group at 12.15pm on 26 May (Wed). The speaker is Ms Yasmine Zahir,...
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Posted by Admin
- Mar 24, 2021
- 9 min
Let’s dispense with the formalities: proprietary estoppel and land contracts
by Professor Michael Lower, CUHK LAW Introduction This blog post takes as its starting point the statement of Hon L Chan J. in Ng Yuk Pui...
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Posted by Admin
- Sep 9, 2020
- 4 min
Is Bruton a justifiable decision?
by Mr. Fung Lap Tin, CUHK LAW PCLL candidate Introduction Can I grant a lease over the Ocean Park? Common sense says that I cannot,...
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Posted by Admin
- Jul 24, 2020
- 4 min
Toms v Ruberry: serving a notice under LPA s. 146 (CPO s. 58)
by Professor Michael Lower, CUHK LAW Toms v Ruberry In Toms v Ruberry ([2019] EWCA Civ 128), the forfeiture clause in a business lease...
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Posted by Admin
- May 23, 2020
- 9 min
Lease or licence?
Author - Michael Lower The lease / licence distinction and why it matters If a landowner agrees to allow someone else to occupy his or...
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Posted by Admin
- Apr 26, 2019
- 9 min
Estoppel where the family home is owned by a company
Author - Michael Lower The inference of a trust when the family home is owned by a company controlled by a spouse In Prest v Petrodel...
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Posted by Admin
- Oct 4, 2018
- 5 min
Justice Without Limits: ‘all things to all judges’ in Stack v Dowden
Author - Jenny To Introduction Dixon proposed that ‘Stack is all things to all judges’ (Dixon, 2007, 460) given that the court is...
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Posted by Admin
- Jul 12, 2018
- 5 min
Purely Contractual Lease in Hong Kong: controversy and problems
Author - Sam Kwan Chun Wai Introduction The lease is considered a legal estate in Hong Kong (section 2, Conveyancing and Property...
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Posted by Admin
- Apr 9, 2018
- 3 min
Ownership of the Family Home: the Common Intention Constructive Trust or Proprietary Estoppel?
Author - Austin Chan Tsz Him Rival doctrines for dealing with ownership of the family home When it comes to disputes about the ownership...
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Posted by Admin
- Apr 9, 2018
- 4 min
Problems of Detrimental Reliance in the Common Intention Constructive of the Family Home
Author - Fong Ka Kei Introduction The question addressed here is whether the need to show detrimental reliance in making a common...
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Posted by Admin
- Mar 21, 2018
- 3 min
Rebutting the Presumption of Equality in Joint Name Cases
Author - Cheng Ho Man A. Introduction Stack v Dowden ([2007] UKHL 17) looked at how the beneficial ownership of property is to be...
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Posted by Admin
- Feb 28, 2018
- 4 min
Post-Patel Era: Does the doctrine of Locus Poenitentiae Still Stand?
Author - Leung Hoi Ming “No Court will lend its aid to a man who founds his cause of action upon an immoral or an illegal act” (Holman v...
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