This paper offers a commentary on some of the issues which potential codifiers of criminal law may have to determine. Drawing on several code projects in the traditionally “common law” world, as well as the author’s experience as a member of the group which drafted a...
Jersey’s Relationship With The UK Parliament Revisited
This article builds on the Jowell hypothesis of Jersey's relationship with the United Kingdom Parliament. It analyses the claims for Parliament's paramount power over Jersey in terms of the domestic British theories for Parliamentary Supremacy. The view that...
Filing of shareholders’ agreements and external documents referred to in articles of association: Jersey law and practice
This article examines Jersey law around the filing of shareholders’ agreements and external documents referred to in a Jersey company’s articles of association. It then considers the established local and relevant foreign practice that has developed in this area to...
The power of the UK to legislate for the Crown Dependencies without consent—fact or fiction?
In this article, the author outlines the traditional view, as espoused by the Kilbrandon Commission, that the United Kingdom has a paramount power to legislate for the Dependencies even without their consent and then considers some of the arguments in support of the...
Jersey Companies And The “Freedom Of Movement” In Insolvency
The “passporting” of Jersey companies into insolvency proceedings in the United Kingdom is a practice that has a certain vintage, being used in cases for the past 15 years, in which it has been seen as desirable for the companies concerned to have the advantage of...
A Trial Separation?
With an eye to anticipated and overdue reform of Jersey divorce law, this article briefly considers how Jersey might cast a glance back at customary law to select the best of our unique legal heritage when legislating for the modern Jersey marriage, civil partnership...