Section 199 of the Equality Act 2010: How Not to Abolish the Presumption of Advancement
University of Sydney - Faculty of Law
October 19, 2010
Modern Law Review, Vol. 73, No. 5, pp. 807-823, 2010
Sydney Law School Research Paper No. 10/99
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 relation to husbands and fathers but not wives and mothers, is thought to prevent the United Kingdom from acceding to Protocol 7 of the European Convention on Human Rights. This paper argues that the presumption of advancement would not breach the protocol. It further argues that, even on the assumption that abolition was necessary before accession could occur, the legislation will not have the intended effect. The paper concludes that section 199 should be brought into force only in part.
Number of Pages in PDF File: 20
Keywords: trusts, equity, presumption of advancement, human rights
JEL Classification: K10, K30, K32Accepted Paper Series
Date posted: October 21, 2010
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