The Institute of Law [- Jersey] 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.
To purchase this Institute of
Law publication, download the form here.
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