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17 May 2007 / Sarah Greer
Issue: 7273 / Categories: Features , Tax
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A last resort

Is gender bias inherent in the presumption of advancement? asks Sarah Greer

Recently, the Privy Council confirmed that the equitable concept of the presumption of advancement, seen by some as a legal anachronism, and described as a “judicial instrument of the last resort” (McGrath v Wallis [1995] 2 FLR 114, [1995] 3 FCR 661), has continued to survive well into the 21st century.

GIFT OR TRUST?

In Antoni v Antoni [2007] UKPC 10, [2007] All ER (D) 335 (Feb), the Privy Council decided that the presumption of advancement applied in a case where a father had transferred shares in the family business to his children. Dr Antoni’s widow, the children’s stepmother, argued that her husband had intended the children to hold the shares on trust for him. She relied on the evidence of Antoni’s will, which left the whole shareholding of the company to her.

At first instance, although it was raised in submissions, the judge ignored the presumption of advancement entirely. He found for the widow, on the grounds that the children had

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MOVERS & SHAKERS

Thomson Hayton Winkley—Jordan Wallace

Thomson Hayton Winkley—Jordan Wallace

Thomson Hayton Winkley strengthens family law team

Ward Hadaway—Barnaby Rosenthall

Ward Hadaway—Barnaby Rosenthall

Construction lawyer returns to Ward Hadaway in Teesside role

Bird & Bird—Shahin Baghaei

Bird & Bird—Shahin Baghaei

Bird Bird hires leading legal transformation expert

NEWS
Legal aid deserts leave almost one in four without adequate access to justice
The Solicitors Regulation Authority (SRA) has warned solicitors and law firms that using artificial intelligence does not alter their professional obligations, amid concerns over inaccurate legal material and client confidentiality
From forgotten interest claims to case-management appeals, a string of procedural developments offers useful—and occasionally cautionary—lessons for practitioners

Jonathan Fisher KC highlights that it now accounts for around 40% of criminal offences, with roughly 70% involving technology, and argues that the UK cannot simply prosecute its way out of the problem. Detection, investigation and prosecution all require improvement, while different fraud types demand tailored responses.

How forcefully can a litigant criticise a public authority before robust advocacy crosses the line into unreasonable conduct? 
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