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Section 199 of the Equality Act 2010: How Not to Abolish the Presumption of Advancement

Modern Law Review, Vol. 73, No. 5, pp. 807-823, 2010

Sydney Law School Research Paper No. 10/99

20 Pages Posted: 21 Oct 2010  

Jamie Glister

The University of Sydney Law School

Multiple version iconThere are 2 versions of this paper

Date Written: October 19, 2010

Abstract

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.

Keywords: trusts, equity, presumption of advancement, human rights

JEL Classification: K10, K30, K32

Suggested Citation

Glister, Jamie, Section 199 of the Equality Act 2010: How Not to Abolish the Presumption of Advancement (October 19, 2010). Modern Law Review, Vol. 73, No. 5, pp. 807-823, 2010; Sydney Law School Research Paper No. 10/99. Available at SSRN: https://ssrn.com/abstract=1694902

Jamie Glister (Contact Author)

The University of Sydney Law School ( email )

New Law Building, F10
The University of Sydney
Sydney, NSW 2006
Australia

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