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My embryos, but I have no say in their disposal?!
Recognising proprietary interest in frozen embryos Author - LING, Hiu Lok Kevin Introduction It has long been a dream for infertile...
Posted by Admin
Nov 1, 20236 min read
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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...
Posted by Admin
Apr 6, 20233 min read
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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...
Posted by Admin
Feb 16, 20236 min read
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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,...
Michael Lower
May 20, 20211 min read
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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...
Posted by Admin
Mar 24, 20219 min read
1,779 views
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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,...
Posted by Admin
Sep 9, 20204 min read
1,247 views
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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...
Posted by Admin
Jul 24, 20204 min read
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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...
Posted by Admin
May 23, 20209 min read
3,516 views
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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...
Posted by Admin
Apr 26, 20199 min read
1,624 views
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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...
Posted by Admin
Oct 4, 20185 min read
2,064 views
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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...
Posted by Admin
Jul 12, 20185 min read
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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...
Posted by Admin
Apr 9, 20183 min read
2,192 views
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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...
Posted by Admin
Apr 9, 20184 min read
3,665 views
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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...
Posted by Admin
Mar 21, 20183 min read
1,647 views
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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...
Posted by Admin
Feb 28, 20184 min read
1,228 views
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