Volume 29 Issue 1

Contents

Miscellany

Registers of beneficial ownership of companies: an update 1

Articles

  • The role of the Deputy Bailiff of Jersey

    Robert MacRae 3

    This article sketches the history, process of appointment and varied role of the Deputy Bailiff of Jersey.

  • The role of the Attorney General as Jersey’s authority for mutual legal assistance

    Mark Temple 14

    The Attorney General’s function as Jersey’s Central Authority for mutual legal assistance receives relatively little attention compared with other functions such as Jersey’s Chief Prosecutor. This article seeks to correct that deficiency and explains why the function is a crucial one.

  • Royal assent in the Crown Dependencies: is there a need for change?

    Lucy Marsh-Smith and Matthew Berry 44

    This paper was produced as background to a presentation given at the Commonwealth Association of Legislative Counsel (CALC) Europe Region conference in Cardiff on 25 May 2023 in response to one from Simon Hodgett, Crown Advocate and Legislative Counsel at the Law Officers of the Crown in Guernsey and is updated from a version published in CALC’s journal. It considers the current system for granting Royal Assent in the three Crown Dependencies in the light of the recent changes in the system in Guernsey and the article by Megan Pullum and Simon Hodgett in the June issue of this journal. Interest in the matter stems from the time it takes to obtain Royal Assent in Jersey, Guernsey and the Isle of Man when compared with other Commonwealth jurisdictions. The need to continue to look for ways to streamline the procedure is something for which the UK Parliament’s Justice Select Committee has recently expressed its support. The paper considers improvements to the system and workarounds from the Jersey perspective, discusses recent developments in Guernsey and examines the procedures and time taken across the three jurisdictions. In contrast with the Guernsey paper mentioned above, it considers Royal Assent in the Crown Dependencies more from a practical rather than historical perspective.

  • Good faith and Jersey contract law

    Christopher J Tan 62

    While not exactly caught between a rock and a hard place, Jersey contract law has had, on occasion—in the words of former Bailiff Sir Philip Bailhache—its civilian “foundation stones” intermixed with “common law bricks”. These different legal traditions sometimes pull Jersey jurisprudence in different directions; in this regard, the Jersey Court of Appeal’s recent decision in HRCKY Ltd v Hard Rock Ltd is to be welcomed in the ongoing quest for coherence. While it is unlikely that this judgment will be the last word in this matter, the court’s rejection of any blanket duty of good faith or general doctrine of réticence dolosive in Jersey contract law: (i) goes some way in resolving an area of longstanding controversy in local jurisprudence; (ii) is consistent with Jersey customary law; and (iii) underscores Jersey’s reputation as a jurisdiction where commercial counterparties can allocate risk predictably. It is the alignment of the customary law with commercial common sense.

    • Shorter article

    • Judicial review and laws passed by the States Assembly

      Philip Bailhache 73

      The Court of Appeal delivered an important judgment in Buckley v Minister for Treasury and Resources ([2024] JCA288). This case note records the decision that a Law passed by the States Assembly, and the Acte Opératoire giving it immediate effect, are not amenable to judicial review. The constitutional ramifications are also summarized.

  • Case Summaries 77

    Summary of Legislation: 1 September–31st December 2024

    Bailiwick of Jersey 92

    Bailiwick of Guernsey

    Guernsey 97

    Alderney 110

    Sark 111

  • Notes for Contributors Inside back cover

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