The English courts have for centuries exercised a supervisory jurisdiction over trustees and with the development of Jersey and Guernsey as trust jurisdictions the Islands’ courts have taken on a similar role. One aspect of that role is the courts’ ability to “bless”...
Another Puzzling Contract Judgment
Long-time readers of this Review will have observed its commitment to promoting the development of the Jersey law of contract into something more accessible and coherent, with proper regard to the historical roots of our law. It has been a long process but progress...
Survival of the Bankruptcy Cooperation Statute
From the late 18th century onwards, the development of the doctrine of comity by the courts in England stimulated progress towards cooperation by inviting courts to make contact with each other and to develop working relationships involving cases they had in common...
The Attorney General’S Role In Relation To Charities
This article considers the origin and extent of the role of the Attorney General of Jersey in respect of the protection of charities and charitable interests.
Remise De Biens: A Procedure Of (Un)Certain Value
This article examines two recent cases highlighting the operation of the remise de biens procedure in Jersey, both of which focus on the issue of value for the purposes of entry to and exit from the process. The cases illustrate that remise de biens continues to have...
Légitime Reform: Lessons From Different Systems Of Protection From Disinheritance (Part 1)
This article is based upon a recent report by the Law Officers’ Department on issues arising from proposals to reform or abolish légitime, Jersey’s system for giving fixed minimum rights to spouses, civil partners and children where the deceased dies testate. Using a...