Journal of the Institute of Law
JIOL exists in partnership with JLIB, and the Jersey and Guernsey Law Review. Article submissions on issues of relevance to the Channel Islands are welcome. The journal publishes submissions up to 20,000 words long, but can make exceptions for longer articles.
Start date: August 2017 – ongoing.
Immovable Property: The Issues Across Sectors, Across Jurisdictions
The Institute of Law has published Immovable Property: The Issues Across Sectors, Across Jurisdictions, a transcript of the proceedings of their conference in October 2013, edited by Professor Meryl Thomas. The contributors include Simon Aldous, Dr Ross Anderson, John Bisson, Advocate Georgina Cook, Advocate Richard Falle, Professor Andrew Le Sueur, Stéphanie Nicolle, Professor Paul Omar, Dr Sylvain Ravenne, Professor Meryl Thomas.
Jersey law, at core, is based on the customary law of Normandy as applied on the Island (the droit coutumier). But in many areas the customary law, though still with us, is now of more limited application, being supplanted by modern case law and legislation which has not consolidated or developed customary law rules. The law of immovable property is different. For immovable property law, it is the customary law as developed by the Royal Court and the Court of Appeal which is the main source of the general principles and detailed rules.
Futter and Pitt: Mistakes by Trustees
The Institute of Law has published Futter and Pitt: Mistakes by Trustees, a transcript of the proceedings of their conference in November 2013, edited by Scott Atkins. The contributors include Mord Millett, Sir Philip Bailhache, Advocate Fraser Robertson and Richard Wilson.
2013 saw a great debate on the so-called ‘rule in Hastings-Bass’ and the extent to which, if at all, mistakes made by trustees may be avoided. In May 2013, the Supreme Court handed down its important judgment in Futter v The Commissioners for H M Revenue & Customs (co-joined with Pitt v The Commissioners for H M Revenue & Customs). Broadly, the Supreme Court held that the rule in Hastings-Bass only applied in the limited interpretation of that rule given by Lloyd LJ in the Court of Appeal. The doctrine of mistake could, however, apply to a trustee’s decision if the mistake made was serious. Such a test swept away Millett J’s distinction between ‘effect’ and ‘consequence’ in Gibbon v Mitchell. Jersey has responded to the Supreme Court’s decision by the enactment of Amendment No. 6 to the Trusts (Jersey) Law 1984. The Amendment, inter alia, confirms that trustees may continue to enjoy relief from their mistakes, under a statutory-type Hastings-Bass provision.
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. 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.