INSTITUTE OF LAW PUBLICATIONS
Insights into Trusts Law: In the Channel Islands and beyond
The Institute of Law has published Insights into Trusts Law: In the Channel Islands and beyond, a transcript of the proceedings of their conference in October 2012, edited by Scott Atkins, Senior Lecturer, University of Derby. The contributors include Sir Philip Bailhache, Sir Michael Birt, Advocate James Mews, Professor Paul Matthews, Robert Ham, QC, Professor Luc Thévenoz, Professor Paolo Panico, Michael McAuley, John Rimmer, Advocate Steven Meiklejohn.
The trust laws of the Channel Islands today stem from the new model trust law pioneered by Jersey in 1984. This did not look at the trust through the prism of the (English) Trustee Acts 1893 and 1925, which are the models in many other trust law states. Instead Jersey struck out on its own to produce legislation of a kind more suitable for an offshore finance centre in the late twentieth century, and in particular one whose customary law was rooted in the civil rather than the common law tradition. Of course the world has moved on since 1984. Guernsey adopted a similar model within a few years, and since then their respective legislatures have played a friendly game of ‘improvement ping-pong’, each seeking to enhance their trust law offering to the domestic and international legal marketplace.
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JERSEY AND GUERNSEY LAW REVIEW PUBLICATIONS
Dependency or Sovereignty? Time to take stock
The Jersey and Guernsey Law Review have published Dependency or Sovereignty? Time to take stock, a transcript of the proceedings of their conference in September 2010, edited by Sir Philip Bailhache. The contributonrs include William Bailhache, Michael Beloff QC, Sir Vic de Carey, Lord Falconer, Richard Falle, HE Sverrir Gunnlaugsson, Lord Hoffman, Prof. Jeffrey Jowell, Michael Lagopolous, Richard McMahon QC, Prince Nikolaus of Liechtenstein, Colin Powell, David Simmons, Dame Heather Steel, Prof. Alastair Sutton and Sir Andrew Wood.
The constitutional relationship between the UK and the Channel Islands may be said to have been in an almost constant state of fluidity from the outset and this conference considers the state of the relationship in the present day and in the future.
Le Grand Coutumier de Normandie
The Jersey and Guernsey Law Review have published Le Grand Coutumier de Normandie: The Laws and Customs by Which the Duchy of Normandie is Ruled, giving the Latin and French text, as well as an English translation of the Latin text by Dr Judith Ann Everard, from L’Ancienne Coutume de Normandie, edited by William Laurence de Gruchy in 1881.
Le Grand Coutumier de Normandie is now available with the Latin text translated into English by Dr Judith Ann Everard. Dr Everard is a medieval historian with a background in law. Her work on the history of Brittany and the Channel Islands in the Plantagenet era includes Jersey 1204: The Forging of an Island Community, with Sir James Holt.
The Origin and Development of Jersey Law: An Outline Guide, by Stéphanie Nicolle, QC
The Jersey and Guernsey Law Review have published a fifth edition of the valuable textbook on the origin and development of Jersey Law, written by Stéphanie Nicolle, QC, formerly HM Solicitor General in Jersey.
This readily readable and very valuable instant guide to the sources of the common law of Jersey makes for easy understanding as it proceeds from 911 to the present day.
Traitê du droit coutumier de l'ìle de Jersey, by Charles Sydney Le Gros
The Jersey and Guernsey Law Review has published a facsimile edition of Charles Sydney Le Gros' Traitê du droit coutumier de l'ìle de Jersey. The text has been cited in numerous judgements of the Royal Court and Court of Appeal of Jersey. In many instances it has been treated as the decisive authority. Indeed, as recently as the case of Snell vBeadle 2001 JLR 118, the Privy Council itself accepted Le Gros' discussion of the law relating to dêception d'outre moitiê as substantially accurate. The text forms an important part of the doctrine of Jersey law.
This publication includes two additional parts. First, a compendium of end-notes has been prepared, providing a brief update on some areas of the law, and references to cases before the courts and articles in the Jersey Law Review where Le Gros has been cited. Secondly, shortly before this facsimile was sent to the printers, an index compiled by the late Oliver Mourant, êcrivain,was found. It was thought that it would be of assistance to readers of the text, and this has also been included.
A Celebration of Autonomy - 1204-2004, 800 Years of Channel Islands' Law
A conference, organised by the Jersey Law Review and held at the Reform Club, London on 2nd July 2004, celebrated 800 years of judicial and political autonomy and examined the development of the law and constitutions of Jersey and Guernsey over eight centuries.
A number of distinguished judges, lawyers and academics from the United Kingdom, France and the Channel Islands delivered papers which have been collected and produced in a hard back volume. The breadth and depth of the contributions make A Celebration of Autonomy one of the most important collections of writings on the law of the Channel Islands which has ever been published.
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Copies of any of the books can be purchased at the Manager's office at the Institute of Law.