Community Mediation is a service arranged by the Jersey Legal Information Board with administrative support being provided by the Citizens Advice Bureau (�CAB�). The service commenced on 1st April 2009.
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Complete A-Z Subject List
TAXATION
TREASURE TROVE
TRUSTS
TORT
EU Code Of Conduct
2001 Issue [2]
EU Code Of Conduct On Business Tax
2004 Issue [3]
controlled foreign companies
fiscal autonomy
removal of jersey tax measures
tax competition
tax harmonization
threat of economic sanctions
EU Code Of Conduct On Business Taxation
2002 Issue [2]
EU Tax Proposals
2000 Issue [1]
European Policy
1999 Issue [1]
Fiscal Autonomy
Foreign Revenue Claims
Harmful Tax Competition
Income Tax
profits from trade
2004 Issue [1]
Oecd
OECD Tax Proposals
OECD/EU Tax Initiatives
application of agreements on the taxation of savings income
2007 Issue [2]
application of agreements on the taxation of savings income—approval of model agreements
application of agreements on the taxation of savings income—authority to sign
application of agreements on the taxation of savings income—guidance notes
application of agreements on the taxation of savings income—interpretation
application of agreements on the taxation of savings income—legislative changes
application of agreements on the taxation of savings income—ratification
code of conduct for business taxation
code of conduct for business taxation—taxation of savings income
current state of initiative
current state of initiative—assessment areas
current state of initiative—directive on the taxation of savings income
current state of initiative—directive on the taxation of savings income—eu member and non-member states
current state of initiative—directive on the taxation of savings income—purpose
current state of initiative—directive on the taxation of savings income—reporting schedule
current state of initiative—directive on the taxation of savings income—withholding tax system
current state of initiative—impact of new member states
current state of initiative—taxation and customs union directorate
current state of initiative—taxation and customs union directorate—issues raised
global forum on taxation
global forum on taxation—“good neighbour” policy
global forum on taxation—global level playing field
global forum on taxation—global level playing field—arrangements with non-oecd members
global forum on taxation—global level playing field—assessment of progress
global forum on taxation—global level playing field—availability of ownership information
global forum on taxation—global level playing field—bilateral arrangements for tax matters
global forum on taxation—global level playing field—fairness
global forum on taxation—global level playing field—future progress
global forum on taxation—global level playing field—objective
global forum on taxation—global level playing field—reporting of outcomes
global forum on taxation—global level playing field—results of assessment
global forum on taxation—participating partners
global forum on taxation—principles of transparency and effective exchange of information
impact on the channel islands
impact on the channel islands—acceptance of code of conduct on business taxation
impact on the channel islands—economic benefits package
impact on the channel islands—fundamental position
impact on the channel islands—retention tax
impact on the channel islands—retention tax—allocation and entitlements
impact on the channel islands—taxation of savings income agreements
principles
tax havens—commitment to eliminate harmful tax practices
tax havens—commitment to eliminate harmful tax practices—defensive measures
tax havens—commitment to eliminate harmful tax practices—progress
tax havens—definition
tax havens—tax information exchange agreements
tax information exchange agreements
tax information exchange agreements—jersey’s negotiations
tax information exchange agreements—jersey’s requirements
tax information exchange agreements—packages at early stages
tax information exchange agreements—packages virtually agreed
tax information exchange agreements—packages virtually complete
tax information exchange agreements—reasons for declining to assist
tax information exchange agreements—regulations
tax information exchange agreements—safeguards
tax information exchange agreements—united states
Trusts
Code Civil
guernsey
2003 Issue [2]
Confidential Information
2006 Issue [1]
Defamation
1997 Issue [2]
Distinction Between Misfeasance And Nonfeasance
2005 Issue [2]
Duty Of Care
Fatal Accidents
1997 Issue [1]
2002 Issue [1]
Guernsey
Hierarchy Of Authority
Highways
Negligence
1997 Issue [3]
2001 Issue [3]
costs
2005 Issue [1]
liability
2006 Issue [3]
liability—“forseeability”
liability—application of south australia principle
liability—application of south australia principle—case studies
liability—application of south australia principle—determination of duty of care
liability—application of south australia principle—identification of risks
liability—application of south australia principle—limitations
liability—scope of duty of care
liability—scope of duty of care—“no transaction”/”successful transaction”
liability—scope of duty of care—information provider/adviser
liability—south australia case—compensation
liability—south australia case—extent of damages
liability—south australia case—facts of the case
liability—south australia case—south australia principle
liability—south australia principle in jersey context
liability—south australia principle in jersey context—application of english common law
liability—south australia principle in jersey context—case law
liability—south australia principle in jersey context—norman law
liability—south australia principle in jersey context—variation of english common law
medical negligence
medical negligence—caesarean section
professional negligence—solicitors
2004 Issue [2]
Nuisance
2000 Issue [2]
Occupier’s Liability
1998 Issue [2]
Passing Off
1999 Issue [2]
Police, Liability Of
Choses Gaives
2001 Issue [1]
Coroner’s Inquest
Definition
Original Ownership
2003 Issue [3]
right of action against director of corporate trustee for breach of duty
Application For Directions
Applications For Directions
foreign divorce proceedings
2008 Issue [1]
Arbitration Clause
Beneficiaries
disclosure of documents
joinder of parties
joinder of parties—beneficiary spouse
joinder of parties—non-beneficiary spouse
pension schemes
2007 Issue [3]
pension schemes—successful reliance by non-trustees on Hastings-Bass principle
powers and duties
2007 Issue [1]
powers and duties—legal right to obtain information from trustees
powers and duties—trust documents
proprietary interest
rights
trust funds as resources
Blind Trusts
Breach Of Trust
Charities
1999 Issue [3]
Confidentiality Of Proceedings
2005 Issue [3]
Construction
Constructive Trusts
1998 Issue [3]
agip (africa) ltd. v. jackson
2006 Issue [2]
baden test
barnes v. addy
dishonest assistance—barlow clowes intl. v. eurotrust intl. ltd.
dishonest assistance—money laundering
dishonest assistance—sham legal documents
dishonest assistance–twinsectra ltd. v. yardley
esteem settlement
knowing assistance in breach of trust
knowing receipt of trust money
Costs
indemnity costs out of trust assets
indemnity out of trust fund
Creation
avoidance of matrimonial obligations
certainty
2003 Issue [1]
mistake of settlor
sham
Defective Trusts
Determination Of Rights Of Parties
Directions By Court
Directions To Trustees
absence of affected third party
Disclosure
fishing expedition
letters of request
letters of wishes
offshore trusts
right to information
statutory provision
Disclosure Of Trust Documents
Discretionary Settlement
artibrary refusal of request
effective and substantial control
trustee/beneficiary relationship
Discretionary Trust
Discretionary Trusts
Distribution Of Trust Assets
2002 Issue [3]
Distribution Of Trust Property
Donner Et Retenir
Duties Of Trustees
compliance with request of beneficiary
English Authority
Exclusive Jurisdiction
Family Trusts And The Hastings-Bass Principle
challenging trustees’ decisions
challenging trustees’ decisions—challenge by beneficiary
challenging trustees’ decisions—challenge by beneficiary—challenge on ground of unreasonableness/capriciousness
challenging trustees’ decisions—challenge by beneficiary—same rights to challenge as beneficiary of pension trust
challenging trustees’ decisions—challenge by beneficiary—same rights to challenge as trustees
challenging trustees’ decisions—other classes of claimant
challenging trustees’ decisions—provision of evidence
challenging trustees’ decisions—provision of evidence—confidentiality
challenging trustees’ decisions—provision of evidence—disclosure of trustee’s reasons for decision
challenging trustees’ decisions—provision of evidence—record of reasons for decision
challenging trustees’ decisions—remedy following successful challenge
challenging trustees’ decisions—remedy following successful challenge—law of restitution/unjust enrichment
challenging trustees’ decisions—remedy following successful challenge—void or voidable?
challenging trustees’ decisions—trustees challenging own decisions
elements for a Hastings-Bass application
elements for a Hastings-Bass application—“would” or “might” tests
trustee obligations
trustee obligations—“would” and “might” tests
trustee obligations—discretionary aspects
trustee obligations—mandatory aspects
Fiduciary Nature Of
Foreign-Appointed Trustee
Forum For Administration
Forum Of Choice
Jurisdiction Clause
Liabilities Of Trustees
trustee exemption clauses
trustee exemption clauses—actual/equitable fraud
trustee exemption clauses—extent and restrictions
trustee exemption clauses—negligence/gross negligence
Liability Of Trustees
restoration of trust assets
uk trustee exemption clauses
uk trustee exemption clauses—background—
uk trustee exemption clauses—background—exception—trustee’s own fraud
uk trustee exemption clauses—background—protection from liability for breach of trust
uk trustee exemption clauses—reform
uk trustee exemption clauses—reform—law commission recommendations
uk trustee exemption clauses—reform—law commission recommendations—implications for jersey trustees
uk trustee exemption clauses—reform—law commission recommendations—practice-based approach
uk trustee exemption clauses—reform—law commission recommendations—rule of practice for paid trustees
uk trustee exemption clauses—reform—law commission recommendations—statutory regulation
uk trustee exemption clauses—reform—professional trustees
Non-Charitable Purpose Trusts
comparison with cayman islands special trust (alternative regime) law 1997 (star legislation)
comparison with cayman islands special trust (alternative regime) law 1997 (star legislation)—applicability
comparison with cayman islands special trust (alternative regime) law 1997 (star legislation)—distinction between star trusts and ordinary trusts
comparison with cayman islands special trust (alternative regime) law 1997 (star legislation)—duty of trustee to appoint enforcer
comparison with cayman islands special trust (alternative regime) law 1997 (star legislation)—mixed purpose and persons trusts
comparison with cayman islands special trust (alternative regime) law 1997 (star legislation)—mixed purpose and persons trusts—advantages of segregated star trusts
comparison with cayman islands special trust (alternative regime) law 1997 (star legislation)—mixed purpose and persons trusts—beneficiaries’ rights to enforce trust
comparison with cayman islands special trust (alternative regime) law 1997 (star legislation)—mixed purpose and persons trusts—scope of definition of “purpose”
comparison with cayman islands special trust (alternative regime) law 1997 (star legislation)—rights of enforcer
international recognition of enforcers
international recognition of enforcers—enforcer’s motivation
international recognition of enforcers—fixed period rotation to maintain disinterest
international recognition of enforcers—settlor’s intention
trusts (amendment) (no. 3) (jersey) law 1996
trusts (amendment) (no. 3) (jersey) law 1996—mixed trusts
trusts (amendment) (no. 3) (jersey) law 1996—mixed trusts—extent of invalidity and unenforceability
trusts (amendment) (no. 3) (jersey) law 1996—requirements for validity
trusts (amendment) (no. 3) (jersey) law 1996—requirements for validity—enforcer—appointment
trusts (amendment) (no. 3) (jersey) law 1996—requirements for validity—enforcer—fiduciary duty
trusts (amendment) (no. 3) (jersey) law 1996—requirements for validity—enforcer—qualifications and duties
trusts (amendment) (no. 3) (jersey) law 1996—requirements for validity—enforcer—resignation and removal
trusts (amendment) (no. 3) (jersey) law 1996—requirements for validity—enforcer—rights
trusts (amendment) (no. 3) (jersey) law 1996—requirements for validity—trustees duties
trusts (amendment) (no. 3) (jersey) law 1996—requirements for validity—trustees duties—policing of enforcer
Offshore Legislation
forced heirship
matrimonial claims
Piercing The Veil
settlor control
Powers And Duties Of Trustee
express trust
Powers and duties of trustees
2000 Issue [3]
“fraud on power”
2008 Issue [2]
disclosure of information for tax purposes
disclosure of information for tax purposes—section 20 notices
disclosure of information for tax purposes—section 20 notices—application to court for directions
disclosure of information for tax purposes—section 20 notices—costs indemnity
disclosure of information for tax purposes—section 20 notices—definition
disclosure of information for tax purposes—section 20 notices—disclosure to beneficiaries
disclosure of information for tax purposes—section 20 notices—employee benefit trust
disclosure of information for tax purposes—section 20 notices—factors for consideration
disclosure of information for tax purposes—section 20 notices—interests of beneficiaries
disclosure of information for tax purposes—section 20 notices—professional privilege
disclosure of information for tax purposes—section 20 notices—request for disclosure
disclosure of information for tax purposes—section 20 notices—tax liability
disclosure of information for tax purposes—section 20 notices—uk tax advice for beneficiaries
disclosure of information for tax purposes—section 20 notices—uk-based beneficiaries
In re Hastings-Bass
In re Hastings-Bass—application in Jersey
In re Hastings-Bass—decision
In re Hastings-Bass—facts of case
In re Hastings-Bass—intentions of trustees
Pre-Nuptial Agreements
Proceeds Of Crime: Act Of State
Public Policy
Purpose Trusts
Rectification
delay by trustee
2008 Issue [3]
Rectification Of Trust
Remedial Constructive Trusts
equitable propriety estoppel
proprietary rights
statutory actions
unconscionability
unjust enrichment
Removal Of Protector
Remuneration Of Trustee
Remuneration Of Trustees
Restitution
constructive trusts—liability for profits
constructive trusts—remedial constructive trusts
esteem settlement—case overview
esteem settlement—equitable proprietary claim
esteem settlement—restitutionary claim
Right To Be Indemnified Out Of Trust Fund
Sham
interests of settlor and trustee
Sham Trusts
Submission To Jurisdiction Of Foreign Court
Taxation
Tracing
constructive trust
equitable proprietary rights
fiduciary obligations
identified assets
identifying assets
legal proprietary rights
net assets
personal claim
proprietary interests of beneficiaries
rescinded contracts
windfall secondary profits
Tracing Proceeds Of Stolen Assets
apportionment of mixed money
change of position defence
claiming
common law
dissipation of funds
english law of property
equitable tracing
fiduciary relationship
following
jersey law
loans by third party recipient
mixtures and substitutions
property improvements by third party recipient
proprietary claim
proprietary lien
restitutionary claims
strict liability personal claim
substiting property rights
third party recipient
traceable proceeds
tracing
trust assets
Trustee As Party
Trustee’s Appeal Against Direction
Trustees
joinder of parties—assets outside jurisdiction
joinder of parties—assets within jurisdiction
joinder of parties—enforcement of orders
joinder of parties—forum shopping
joinder of parties—legal representation
joinder of parties—parties out of jurisdiction
joinder of parties—proceedings out of jurisdiction
Trusts (Amendment No. 4) (Jersey) Law 2006
conflict of law provisions
in re b trust
in re b trust—art. 9(4) as amended
in re b trust—art. 9(4) as amended—comity
in re b trust—art. 9(4) as amended—comity—definition
in re b trust—art. 9(4) as amended—comity—recognition as matter of law not discretion
in re b trust—art. 9(4) as amended—comity—schibsby v. westenholz
in re b trust—art. 9(4) as amended—conflict of laws
in re b trust—art. 9(4) as amended—forum non conveniens
in re b trust—art. 9(4) as amended—inconsistency of foreign judgment with jersey law
in re b trust—art. 9(4) as amended—legal basis
in re b trust—art. 9(4) as amended—recognition of foreign judgment
in re b trust—art. 9(4) as amended—scope
in re b trust—consistency of english order with jersey law
in re b trust—consistency of english order with jersey law—art. 51, trusts (jersey) law 1984
in re b trust—consistency of english order with jersey law—directions to trustees
in re b trust—consistency of english order with jersey law—discretion
in re b trust—consistency of english order with jersey law—interests
in re b trust—consistency of english order with jersey law—variation of post-nuptial settlement
in re b trust—facts of the case
in re b trust—facts of the case—coming into force of trusts (amendment no. 4) (jersey) law 2006
in re b trust—facts of the case—jersey domiciled settlor
in re b trust—facts of the case—trust comprising property in england
in re b trust—facts of the case—variation of trust due to matrimonial proceedings
in re b trust—future variations of jersey law trusts
in re b trust—future variations of jersey law trusts—emerging common ground between england and jersey
in re b trust—future variations of jersey law trusts—hague trusts convention
in re b trust—position under trusts (jersey) law 1984
in re b trust—position under trusts (jersey) law 1984—probable recognition of english order
matters governed by jersey law
matters governed by jersey law—capacity of settlor
matters governed by jersey law—existence and extent of powers conferred or retained
matters governed by jersey law—trust administration
matters governed by jersey law—validity and interpretation of trust
non-recognition of foreign judgments
non-recognition of foreign judgments—determination of jurisdiction
non-recognition of foreign judgments—enforcement
non-recognition of foreign judgments—english intervention in jersey trusts
non-recognition of foreign judgments—english intervention in jersey trusts—matrimonial causes
non-recognition of foreign judgments—english intervention in jersey trusts—sham trust
non-recognition of foreign judgments—substance of foreign judgment
non-recognition of foreign judgments—substance of foreign judgment—example: in re b trust
non-recognition of foreign judgments—validity of variation
principal aims
problems/controversies—conflict with hague trusts convention
problems/controversies—duplicated and wasted litigation
problems/controversies—effectiveness of trusts of immovables
problems/controversies—effectiveness of trusts of property outside jersey
problems/controversies—enforcement
problems/controversies—foreign non-recognition of trust
problems/controversies—protection from forced heirship
problems/controversies—provisions do not cover jersey property subject to a foreign law trust
problems/controversies—reciprocal problems in recognising jersey/foreign judgments
problems/controversies—restrictive to settlor autonomy
problems/controversies—settlors domiciled outside jersey not covered
problems/controversies—undermining of jersey trust by foreign court
provisions of art. 9
scope of application
scope of application—limited to trusts governed by jersey law
scope of application—limited to trusts governed by jersey law—protection from foreign courts
scope of application—limited to trusts governed by jersey law—sham trusts
scope of application—limited to trusts where settlor domiciled in jersey
scope of application—limited to trusts where settlor domiciled in jersey—art. 9(1) not intended to limit application to jersey domiciled settlors
scope of application—limited to trusts where settlor domiciled in jersey—implied exclusion of art. 9(1) from scope of aft. 9(3)
Trusts (Guernsey) Law 2007
foreign law trusts
jurisdiction of Guernsey courts
jurisdiction of Guernsey courts—extent
proper law of the trust
proper law of the trust—change of governing law
proper law of the trust—express, implied and absence of choice
proper law of the trust—Hague Convention
proper law of the trust—Hague Convention—overriding rules
section 14—application of Guernsey law
section 14—application of Guernsey law—1985 Hague Convention
section 14—application of Guernsey law—1985 Hague Convention—local law limitations to art. 15
section 14—application of Guernsey law—1985 Hague Convention—provisions beyond scope of Convention
section 14—application of Guernsey law—1985 Hague Convention—provisions not reproduced in local law
section 14—application of Guernsey law—1985 Hague Convention—provisions reproduced in local law
section 14—application of Guernsey law—choice of law rules
section 14—application of Guernsey law—exclusive application of Guernsey law
section 14—application of Guernsey law—settlor’s capacity
section 14—confidence in Guernsey courts
section 14—confidence in Guernsey courts—impact of Jersey court approach
section 14—derogations in favour of foreign law
section 14—derogations in favour of foreign law—capacity of companies
section 14—derogations in favour of foreign law—capacity of companies—place of incorporation
section 14—derogations in favour of foreign law—capacity of settlor
section 14—derogations in favour of foreign law—choice of law rules for property law
section 14—derogations in favour of foreign law—different law for severable aspects of trust
section 14—derogations in favour of foreign law—foreign formality rules
section 14—derogations in favour of foreign law—immovable property outside jurisdiction
section 14—derogations in favour of foreign law—land in a non-trust state
section 14—derogations in favour of foreign law—power of disposition
section 14—derogations in favour of foreign law—recognition of foreign law
section 14—derogations in favour of foreign law—role of foreign law
section 14—derogations in favour of foreign law—testamentary dispositions
section 14—exclusion of foreign law
section 14—exclusion of foreign law—foreign laws which undermine Guernsey law
section 14—exclusion of foreign law—list of excluded law
section 14—exclusion of foreign law—protection against forced heirship
section 14—exclusion of foreign law—protection of both settlor and beneficiary
section 14—extent of protection
section 14—jurisdiction
section 14—non-recognition of foreign judgments
section 14—non-recognition of foreign judgments—directions to trustees from Guernsey court
section 14—non-recognition of foreign judgments—disadvantages
section 14—non-recognition of foreign judgments—discretionary non-recognition
section 14—non-recognition of foreign judgments—enforcement
section 14—non-recognition of foreign judgments—estoppel
section 14—non-recognition of foreign judgments—impact of uncertainty on foreign investment
section 14—non-recognition of foreign judgments—orders consistent with Guernsey law
section 14—non-recognition of foreign judgments—orders inconsistent with Guernsey law
section 14—non-recognition of foreign judgments—priority of new trusts provisions
section 14—non-recognition of foreign judgments—protection of Guernsey trusts
section 14—non-recognition of foreign judgments—recognition
section 14—priority over other provisions
structure of legislation
structure of legislation—organization of private international law provisions
suitability for clients’ needs
suitability for clients’ needs—availability of trust assets
suitability for clients’ needs—jurisdiction
suitability for clients’ needs—potential for duplicative litigation
suitability for clients’ needs—potential for legally irreconcilable judgments
suitability for clients’ needs—uncertainty
Trusts Of Land
constructive trusts
fidéicommis
guernsey customary law
implied trusts
mainmort
religious or charitable trusts of land
trusts of land in saisie
will trusts
Underlying Companies
Validity
beneficiary principle
charitable purpose
enforceability
Variation
ancilliary relief application
divorce proceedings
english law
jurisdiction
post-nuptial settlement
trustees
Variation Of Trust
marriage settlements
post-nuptial settlements