This article discusses the decision of the Royal Court in X v Minister for Home Affairs, 1 where the court dismissed the application for judicial review by an applicant of the refusal to grant him asylum. The particular novelty of the case was that the application for...
Too much information: Why did the UK get it wrong?
This article builds on an article published in this Review in 2017 entitled “Too much information: when the UK gets it wrong” in which the author discussed the role of the UK in developing and forcing through various tax transparency measures (notably automatic...
The bailiffs duel role and the seperation of powers
It has long been argued that law, particularly modern law, is structured like a language. Unfortunately, it is now quite commonplace to use words and phrases without consideration of their real or proper meanings. For instance, the separation of powers, a key...
The recognition of smart contracts in Jersey
This article examines Jersey law around the recognition of smart contracts as enforceable legal contracts. It considers whether contracting parties should receive a human readable translation of contractual terms written in computer code to provide valid contractual...
Unjust enrichment and an ‘ancient’ Guernsey Tort
This article considers the findings of both the Royal Court and the Court of Appeal in Guernsey in the recent property related tort case of Hindle v Kitching. It explores the wider legal ramifications of the courts’ findings including how, in certain significant...
Why did the UK get it wrong? A reply
This article replies to a recent contribution to the Jersey and Guernsey Law Review by Filippo Noseda, which argued that the United Kingdom’s contribution to the development of tax transparency was largely due to Eurosceptic and anti-human rights attitude. This...