Offshore: Departure from doctrine
In B v C, D and E in the matter of the A Trust , the Royal Court was asked to set aside a trust created under the laws of Jersey on the basis that it had been established by mistake. While this case was not the first occasion in which the Jersey courts have had to decide whether a trust has been vitiated by mistake, earlier applications that have come before the Jersey courts have concerned trusts that had English law as their proper law and, as such, the English law position on mistake was adopted. That position is reflected in the decision of Gibbons v Mitchell  where the classic formulation of the test for mistake was set out:
In 2009, Jersey broke from English law on the doctrine of mistake when establishing a trust. Nigel Pearmain discusses whether this case will mark a divergence between jurisdictions
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