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Jersey has proposed its own rule change on Hastings-Bass, which could provide the Island's trusts with significant advantages over others, says Matthew Slater

12 July 2013

Jersey has proposed its own rule change on Hastings-Bass, which could provide the Island's trusts with significant advantages over others, says Matthew Slater

Since 1204, the Channel Islands have, with only a couple of short-lived blips, owed their allegiance to the English crown. But that loyalty was secured on terms, that the Islands would have the right to be governed by their own laws. This essential point remains more than 800 years later. "The Island of Jersey," as the Jersey Royal Court said last year in B Life Interest Settlement [2012] JRC 229, "has its own separate legal jurisdiction." As a result, neither the Jersey parliament, nor its courts, need to follow the decisions of UK courts.

Against this constitutional background, ministerial support has now been given for drafting a revision to the Trusts (Jersey) Law 1984. These revisions, if pa...

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