Laws of Guernsey

Laws of Guernsey

Author: Gordon Dawes

Publisher: Bloomsbury Publishing

Published: 2003-05-01

Total Pages: 874

ISBN-13: 1847311857

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A considerable volume of international financial business is carried on in Guernsey, a near independent jurisdiction with close constitutional links to Britain about to celebrate the 800th anniversary of its status. Guernsey law is distinct from English law, drawing on its own history and traditions as well as modern English legal principles and those of other jurisdictions. Laws of Guernsey is the first textbook of modern times to introduce the core areas of Guernsey law and court procedure. It is essential reading for the many individuals and entities with business either in Guernsey or governed by Guernsey law. It will be of particular interest and assistance to lawyers from other jurisdictions concerned with Guernsey law issues, whether litigation, succession, insurance, employment or anything else; likewise the book will assist insurers, bankers, trustees and financial services professionals generally. The book includes a foreword written by the Bailiff of Guernsey, the Island's senior judge. The following principal areas are introduced: Company and commercial law; trust law; income tax law; law of succession; property law; employment law; health and safety at work law; tort law; contract law; civil procedure and injunctions; criminal law and procedure; anti-money laundering legislation. The book includes various legislative materials and many cross-references to English law in particular, likewise to French law. Contents: Foreword by the Bailiff of Guernsey; Acknowledgements; Abbreviations; Table of Cases; Table of Laws, Statutes and other legislative materials; Table of Orders of the Royal Court, Rules, Practice Directions etc.; Table of Bailiffs from the time of the Restoration; Introduction; 1) Sources of Guernsey Law and the Force of Precedent; 2) The Constitution of the Bailiwick of Guernsey; 3) The Review of Administrative Decisions; 4) The Housing Control and Right to Work Legislation; 5) Control of Development; 6) Family Law; 7) Guardianship (Tutelle and Curatelle); 8) Law of Trusts: The Trusts (Guernsey) Law 1989; 9) Succession Laws of the Bailiwick; 10) Income Tax; 11) Insolvency; 12) Security Interests; 13) Control of Borrowing; 14) Financial Services Regulation in the Bailiwick; 15) Guernsey Company Law; 16) Employment Law; 17) Health and Safety at Work Law; 18) Civil Courts and Procedure; 19) Injunctions, Arrêts and the Clameur de Haro; 20) Conflict of Laws; 21) Criminal Courts and Procedure; 22) Evidence in Civil and Criminal Proceedings in Guernsey; 23) Guernsey Law of Realty and Leases; 24) Guernsey Law of Tort and Contract; 25) Epilogue; Appendices; Bibliography; Index


Guernsey Trust Law

Guernsey Trust Law

Author: Tony Pursall

Publisher: Bloomsbury Publishing

Published: 2020-03-05

Total Pages: 425

ISBN-13: 1509919317

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This book is intended to be a comprehensive treatise of Guernsey trust law providing answers for practitioners advising on Guernsey trusts and trustees administering them. In particular, it provides a detailed analysis of the provisions of the Trusts (Guernsey) Law 2007 (as amended), a consideration of Guernsey trust cases as well as relevant cases in Jersey and in other jurisdictions, and analysis of the legal principles underpinning Guernsey trust law. Where there is no clear Guernsey authority on a particular point of law it gives a reasoned view, drawing on relevant legal principles, together with a broad assessment of the confidence of which the authors hold that view.


Introduction to Guernsey

Introduction to Guernsey

Author: Gilad James, PhD

Publisher: Gilad James Mystery School

Published:

Total Pages: 108

ISBN-13: 9572524658

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Guernsey is an independent British Crown Dependency located in the English Channel between the United Kingdom and France. The island has a rich history, having been settled since prehistoric times and later experiencing invasions by both the Vikings and the Normans. Guernsey is known for its beautiful beaches, its mild climate, and its unique culture that blends British, French, and Norman influences. The island has its own currency, the Guernsey pound, and its own legal system, although it is defended by the UK and relies on it for certain services such as defense. Guernsey is also a thriving economic center, with a strong financial services sector thanks to its favorable tax laws and regulations. The island is home to a number of international banks and insurance companies, as well as local firms that support the tourism and agriculture industries. The government of Guernsey is committed to maintaining a high quality of life for its residents, protecting the environment, and preserving its heritage while also embracing modern technology and innovation. Visitors to Guernsey can enjoy a wide variety of activities, from exploring the castles and museums to hiking along scenic coastal paths or sampling local cuisine in one of the island's many restaurants.


A Fair and Honest Book

A Fair and Honest Book

Author: Ambrose Sherwill

Publisher: Lulu.com

Published: 2007-04

Total Pages: 350

ISBN-13: 1847531490

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It was in a diary that he kept while in prison in Paris that Sherwill gave the first indication that he had it in his mind to write a book. Faced with what he anticipated would be a very long term of imprisonment, in an entry dated 13th November, 1940, he wrote: "I think when I am really settled in, I will write a book on the German Occupation of the Bailiwick of Guernsey. Not a thriller but a fair and honest book..." Early in 1943, together with a large party of other islanders, he was deported from Guernsey to Ilag VII Laufen in Bavaria. Here he began to work on his book. However, on 29th June, 1943, some four and half months after his arrival, having been elected by his fellow internees, Sherwill "became pretty fully occupied as British Camp Senior for the rest of the 'duration' and so did not continue my literary activities." Ambrose Sherwill, by then Sir Ambrose, resumed writing his memoirs after retiring from the office of Bailiff of Guernsey in 1960.


Law’s Abnegation

Law’s Abnegation

Author: Adrian Vermeule

Publisher: Harvard University Press

Published: 2016-11-14

Total Pages: 267

ISBN-13: 0674974719

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Ronald Dworkin once imagined law as an empire and judges as its princes. But over time, the arc of law has bent steadily toward deference to the administrative state. Adrian Vermeule argues that law has freely abandoned its imperial pretensions, and has done so for internal legal reasons. In area after area, judges and lawyers, working out the logical implications of legal principles, have come to believe that administrators should be granted broad leeway to set policy, determine facts, interpret ambiguous statutes, and even define the boundaries of their own jurisdiction. Agencies have greater democratic legitimacy and technical competence to confront many issues than lawyers and judges do. And as the questions confronting the state involving climate change, terrorism, and biotechnology (to name a few) have become ever more complex, legal logic increasingly indicates that abnegation is the wisest course of action. As Law’s Abnegation makes clear, the state did not shove law out of the way. The judiciary voluntarily relegated itself to the margins of power. The last and greatest triumph of legalism was to depose itself.


The World of Maritime and Commercial Law

The World of Maritime and Commercial Law

Author: Charles Mitchell

Publisher: Bloomsbury Publishing

Published: 2020-04-30

Total Pages: 427

ISBN-13: 1509932410

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This collection of 20 essays contains recent work by legal scholars, practitioners and judges, all internationally renowned for their expertise in the fields of maritime and commercial law. For maritime lawyers, the book contains absorbing and important studies of the law governing maritime collisions, carriage of goods by sea (examining the meaning of 'actual carriage' in the Hamburg Rules, and the complex web of rules that governs multimodal carriage), and marine insurance (discussing the history of the doctrine of utmost good faith, and jurisdiction clauses in cargo policies). In the area of private international law, there are chapters on the choice of law rules affecting the ownership of ships, and on recent cases where conflict of laws issues have been decided by the Privy Council. For generalist commercial lawyers, there is a wealth of scholarship on the Sale of Goods Act 1979, its provisions and scope, and on the rules of contractual interpretation, their history, content and application in commercial settings. In addition, there are chapters on negotiating damages for breach of contract, illegality, tracing misapplied funds, the application of private law rules to disputes about cryptocurrencies and developments in the law of directors' duties. Taken as a whole, the essays in this collection stand out for their breadth of scholarship, analytical power, depth of understanding, and penetrating insights even into the knottiest problems of maritime and commercial law. They are essential reading for every maritime and commercial lawyer and a fitting tribute to a scholar who has led the way in both fields for many decades.


Laws of Transgression

Laws of Transgression

Author: Peter Goodrich

Publisher: University of Toronto Press

Published: 2022-03-31

Total Pages: 277

ISBN-13: 1487539827

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Laws of Transgression offers multiple perspectives on the story of Daniel Paul Schreber (1842–1911), a chamber president of the German Supreme Court who was institutionalized after claiming God had communicated with him, desiring to make him into a woman. Schreber was not only a successful judge, but was also to become the author of one of the most commented upon texts in psychiatric literature, Memoirs of My Nervous Illness. Published in 1903, this remarkable work documented Schreber’s visions, desires, jurisprudence, and theology. Far from ending the judge’s legal investments, it manifested an intensification of engagement with the law in the attempt to prove that becoming a woman did not deprive the judge of legal competence. Schreber’s experience of bodily change and his account of interior life has been the subject of more than a century of psychoanalytic and medical scrutiny. With the contemporary trans turn, interest in the judge’s desire to become a woman has intensified. In Laws of Transgression, Peter Goodrich, Katrin Trüstedt, and contributing authors set out to unfold Schreber’s complex relation to the law. The collection revisits and rediscovers the Memoirs, not only in its juridical and political implications, but as a transgressional text that has challenged law and heteronormativity.