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...
Whatever Happened To Promulgation?
The formalities of promulgating legislation have gradually ceased to be part of Jersey’s legislative tapestry.
From Bishops To Blessings: Momentous Decisions By Trustees
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...