Offshore: Making the most of mistake

Ogier | July/August 2022 #235
Rebecca McNulty discusses two recent cases from the UK and Jersey courts that emphasise the importance of a complete evidence picture when establishing mistake If the court is to be persuaded that there has been a genuine mistake, it needs to be provided with all relevant correspondence and documents so that such an assessment can …

Continue reading "Offshore: Making the most of mistake"

This post is only available to members.

Mistake: Ignorance is not bliss

Farrer & Co | December 2021 #229
A recent case underscores the criteria required to make out a case for mistake as a ground to set aside a trust. Rowan Cope explains A key element of the test for mistake is whether the claimant accepted the risk that the scheme may not work. In Dukeries Healthcare Ltd v Bay Trust International Ltd …

Continue reading "Mistake: Ignorance is not bliss"

This post is only available to members.

Mistake: Forgiven, but not rewritten

Charles Russell Speechlys LLP | November 2021 #228
Oliver Auld reviews the scope of the Jersey courts to set aside a voluntary disposition or other transaction on the grounds of mistake While the court accepted that Art 47G gave it a flexible decision-making power to determine the extent to which a voidable exercise of power has effect, the court was not persuaded that …

Continue reading "Mistake: Forgiven, but not rewritten"

This post is only available to members.