Rectification: Clarifying the nature of the test

Charles Russell Speechlys LLP | January/February 2023 #240
The Jersey Royal Court has taken a divergent approach to rectification. Hugh Gunson and Thomas Watts analyse a recent decision The Jersey Royal Court’s conclusion that there is no merit in maintaining the fourth limb of the test for rectification is striking, particularly in view of the comments made by the Jersey Court of Appeal. …

Continue reading "Rectification: Clarifying the nature of the test"

This post is only available to members.

Offshore trusts: Equitable mistakes and undoing the past

DQ Advocates Ltd | November 2022 #238
Is a transaction one by which one party intended bounty on another with a false belief of the outcome of the transaction? Donna Matthews considers this question recently considered by the High Court of Justice of the Isle of Man The equitable jurisdiction is normally invoked where a disposition into a trust has unforeseen consequences …

Continue reading "Offshore trusts: Equitable mistakes and undoing the past"

This post is only available to members.

Protectors: The watchdog

XXIV Old Buildings (Chambers of Alan Steinfeld QC) | December 2021 #229
Timothy Sherwin takes a closer look at the evolving role of protectors While a protector may be an office created by an individual trust instrument, it is not, unlike the office of trustee, a general role about which sweeping generalisations can easily be made. The role of protectors in trusts, especially but not uniquely in …

Continue reading "Protectors: The watchdog"

This post is only available to members.