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...
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...
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...