The law of mistake in Jersey: the Royal Court declines to follow Pitt v Holt (2025)

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Volume 17 Issue 10 November 2011
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Robert MacRae

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Alexa Saunders *

*Robert MacRae and Alexa Saunders, Carey Olsen 47 Esplanade, St Helier, Jersey, JE1 0BD, UK. Tel: +44 (0) 1534 888900. Email: Robert.MacRae@careyolsen.com, Alexa.Saunders@careyolsen.com.

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Trusts & Trustees, Volume 17, Issue 10, November 2011, Pages 952–958, https://doi.org/10.1093/tandt/ttr118

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13 October 2011

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Abstract

In its landmark decision of 21 June 2011 in Re the S Trust [2011] JRC 117, the Royal Court of Jersey held that, in considering whether a gift should be set aside on the grounds of the donor's mistake, it would not follow the recent English Court of Appeal decision in Pitt v Holt [2011] EWCA Civ 197, but would continue to follow the course charted in the previous Jersey case of Re the A Trust [2009] JRC 245. This case note examines this important Jersey decision, in particular the Royal Court's analysis of the Court of Appeal's decision in Pitt v Holt and a number of other interesting points that arise out of the Royal Court's decision.

© The Author (2011). Published by Oxford University Press. All rights reserved.

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