CONTENTS

Miscellany

Who is a “woman”?112

Representation in the Petty Debts Court116

Articles

• The constitutional implications of Buckley v Minister for Treasury & Resources

  Walter Neff120

  This article considers the recent Jersey Court of Appeal decision granting leave to bring a judicial review in a challenge to increases in Land Transaction Tax. That case is still ongoing, and this article will not discuss the issues around proportionality and taxing legislation. The article will discuss the broader constitutional issues briefly raised in the course of the leave application. It will also serve as an introduction to the Attorney General’s arguments on the legality of the Crown legislating by Orders in Council without the consent of the Island Authorities.

• Legislative drafting in Guernsey: une réponse cordiale

  Christopher Hookway153

  This article responds to an article by Advocate Gordon Dawes, set out in the February 2024 JGLR, which expressed views in relation to the drafting of legislation in Guernsey which merit a response. This article seeks to provide that response, and (i) in section 1 (“Introduction”), explains the context in which it is written; (ii) in section 2 (“Do the drafters ‘copy’ UK legislation”), uses specific examples to reply to the assertion that Guernsey drafters look principally to the UK for legislative models; (iii) in section 3 (“To France?”), considers the proposition that Guernsey might look to French law for legislative models; (iv) in section 4 (“Can the customary law provide solutions?”), explains some of the consequences for legislative drafters arising from the uncertainties of the customary law; in section 5 (“Drafting in a small jurisdiction”), considers the challenges of legislating in an island with small government; in section 6 (“The two objects of opprobrium”), looks at two legislative items that seem to have attracted particular disapproval; and in section 7 (“A summary”), provides a short conclusion.

• The small estate: freedom from the grant

  Victoria Bell187

  An amendment in 2023 to the Probate (Jersey) Law 1998 signalled a new chapter for how movable estate in Jersey is dealt with upon death. The amended provisions are a marked departure in the previous functioning of art 19 which (subject to one very limited exception) required that a grant of probate or letters of administration was mandatory in each case where movable property of a deceased person was to be dealt with. The new changes recognise the burdensome and disproportionate nature of such requirements upon families and others and should have profound effects for banks, care providers and a number of public offices involved in the probate process.

Case Summaries201

Summary of Legislation: 1 September–31st December 2024

Bailiwick of Jersey216

Bailiwick of Guernsey

Guernsey220

Alderney238

Sark239

Book Review

• Harris, The Channel Islands Assize Roll of 1299: Jersey

  Alexander Kelleher240