Law
“’Harrow!’ quod he”
Jersey and Guernsey Law Review 12(1) 2008, 4-23.
The clameur de haro is from of temporary injunction in Channel Island law, still available, but little used and ancient in origin. In this article I examined a number of romantic stories concerning the clameur de haro which are told in the older commentaries on Channel Island and Norman law. I sought to show that, contrary to common belief, the clameur de haro was not raised at the funeral of William the Conqueror (although it is likely that a vociferous protest of some kind was made by the holder of the land in which the Duke was buried). Traditionally said to be a corruption of a call to Rollo or Rou (Ha-Rou), I also showed how haro is in fact the old French hareu – a simple call for help or of distress - and how the word hareu can also be traced forward and across the Channel into the Middle English cry of “harrow”, which is found in Chaucer and others.
The full article is available here.
“Events of default”
Jersey and Guernsey Law Review
In this article I argued that the requirement that a security agreement “specify” the events of default for the purposes of the Security Interests (Jersey) Law 1983 and the Security Interests (Guernsey) Law 1993 does not mean that the events of default must be set out within a single document called the security agreement and that they can be incorporated by cross reference to the provisions of another document.
For this purpose I drew on the decision of the English Court of Appeal in Golden Ocean Group Limited v Salgaocar Mining Industries [2012] 2 All ER (Comm) 978.
The full article is available here.