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...
The Constitutional Limits Of Assisted Death
Guernsey’s States of Deliberation are shortly to consider a proposal in principle to permit assisted dying in certain circumstances. This article explores the possible constitutional consequences in the event that HM Government were to refuse to put any resulting...
Légitime Reform: Where To Go? (Part 2)
This is the second instalment of this article considering the reform of légitime. It will follow the earlier comparative analysis by arguing that lessons should be learned from other systems. It is not a matter of choosing between the current English system or the...
Is There A “Woolf” in Jersey?
This article is based on a speech given by the author to the Law Society of Jersey concerning the rationale for and possible effect of Amendment No 20 to the Royal Court Rules 2004 which introduced an overriding objective and other significant procedural changes...
Whither Intellectual Property Law In Jersey?
Until very recently, intellectual property has played little part in the business life of Jersey. This article gives an overview of the main types of intellectual property and looks at how the law has developed in Jersey, and in comparison with certain other offshore...