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 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...
Unjust enrichment and an ‘ancient’ Guernsey Tort
This article considers the findings of both the Royal Court and the Court of Appeal in Guernsey in the recent property related tort case of Hindle v Kitching. It explores the wider legal ramifications of the courts’ findings including how, in certain significant...