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...
Binding precedent in the Channel Islands
This article explores the difference between Jersey and Guernsey law on whether there is a doctrine of binding precedent in respect of decisions of higher courts. Developing the approach set out in the Jersey decision of State of Qatar, it is argued that such a...