For centuries, Jersey imposed caps on the interest rates that could be charged on money lent. By the early 1960s, a prohibition aimed at usury was looking increasingly outmoded in a world where financial services were increasingly sophisticated and internationalised...
The Role Of The Attorney General As Partie Publique In Civil Cases
This article considers the origin and extent of the role of the Attorney General of Jersey as guardian of the public interest in civil cases.
Litigation Funding In The Channel Islands
Litigation funding was once suspected of being a form of champerty and unlawful as such, but times and public policy change. This article examines the status of litigation funding in Channel Island law, whether any issues remain and possible pitfalls.
The Development Of Unjust Enrichment In The Channel Islands
In response to criticisms made by the Guernsey Court of Appeal in the Investec v Glenalla, litigation, this article charts the progress of the law of unjust enrichment in Jersey and Guernsey, and attempts to identify its underlying principle. In Guernsey, the position...
Bust Trusts—Navigating The Hazards
The effect of the statutory limitation on the liability of trustees of Jersey and Guernsey law trusts to the extent of the trust fund has given rise to the possibility of a trust becoming insolvent. For many years regarded as a heresy by trust law purists, the courts...
Whatever Happened To Promulgation?
The formalities of promulgating legislation have gradually ceased to be part of Jersey’s legislative tapestry.