This article explores the sources of the law of unjust enrichment in the Channel Islands and in so doing suggests an explanation of why the equity-based test for unjust enrichment in Jersey differs from the test in England and Wales. It also considers why the Jersey...
Free Movement Of Capital—The Routier Case
The constitutional relationship between the United Kingdom and the Crown Dependencies is unique. The Channel Islands and the Isle of Man have autonomy in all domestic matters and international identities which are different from that of the UK. Jersey and the other...
Relief In Jersey And Guernsey: Something And Nothing?
This article offers in several parts a short account of the custom in the Islands governing relief. We consider first how it may have come into being and how its principal characteristics thereafter evolved. A comparison between Jersey and Guernsey and the continuing...
The Free Movement Of Capital: The Fight To Confirm Jersey’S Third Country Status
In a recent judgment of the English Court of Appeal in October 2017, Jersey’s status as a third country for the purposes of the free movement of capital under EU law was confirmed. The judgment has significant consequences not only for the proper construction of the...
INTERNATIONAL FINANCIAL SANCTIONS—A MORE UNITED APPROACH
The United Nations Financial Sanctions (Jersey) Law 2017 represents a watershed in Jersey’s sanctions regime. Not only does it seek to enhance Jersey’s effectiveness at implementing global standards but also furthers harmonisation across the Island’s existing...
Gross negligence manslaughter in Guernsey law
This article analyses the development of the law of homicide in Guernsey, with particular focus on the offence of gross negligence manslaughter. This follows a recent trial in the Royal Court of Guernsey where the existence of this offence was questioned by the...