Abstract

The courts of Jersey and the Isle of Man appear to view the distinction—drawn by Lord Millett in Gibbon v Mitchell—between mistake as to the effect of a transaction, and mistake merely as to its consequences, as nitpicking, up with which they will not put. In this Issue, Simon Davies’ and Nicole Martin’s paper on the Colour Trusts indicates that the Royal Court of Guernsey does not agree with the Jersey/Isle of Man approach. This is unsurprising when—nine months on from a lunchtime knee-trembler behind the school bike shed with a lusty fourth form co-ed—even an academically underachieving adolescent schoolboy would readily agree with Lord Millett’s reminder (also in this Issue) that:

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