Trusts & Trustees Advance Access originally published online on March 17, 2009
Trusts & Trustees 2009 15(3):152-161; doi:10.1093/tandt/ttp008
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© The Author (2009). Published by Oxford University Press. All rights reserved.
The rule in Saunders v Vautier and its recent application under Jersey Law
*Siobhan Riley, Senior Associate, Fiduciary Law Group, Carey Olsen, 47 Esplanade, St Helier, Jersey JE1 0BD. Tel: +44 (0) 1534 888 900; Email: siobhan.riley{at}careyolsen.com.
As a judgment of the English court, the decision in Saunders v Vautier has no direct application under Jersey law. The Island has however been influenced by English law, particularly in the evolution of its trusts law, and judgments of the English courts in this area are persuasive authority in the Jersey courts. There have been a number of recent Jersey cases dealing with the rule in Saunders v Vautier and this case note looks, in particular, at the Mubarak and Turino decisions and the implications of both.