Challenging judicial presumptions when equity is not equality

This article builds on a previous publication by the first author in the Conveyancer and Property Lawyer in 2007, which led to a change in the law in Northern Ireland relating to the presumption of advancement. The article discusses subsequent moves to abolish the presumption of advancement within England and Wales through the Equality Act 2010 (the Act) and the impact of BREXIT on implementation of the Act. The authors explore the controversy surrounding abolition and note how this equitable presumption has evolved in Australia, Hong Kong and Singapore.The authors consider recent cases such as National Crime Agency v Dong [2017] and discuss what the courts can do to make the presumption more equal in its effect prior to abolition in England and Wales. The authors cross traditional subject boundaries by exploring the relationship between Property Law and Trusts, Equality and Diversity, Human Rights and European Law