Crociani and others v Crociani and others

Crociani and others v Crociani and others

Clause 12 of the 1987 Deed does not confer exclusive jurisdiction on the courts of Mauritius; it is a proper law provision. Even if it did confer exclusive jurisdiction, the proceedings should not be stayed as the substantive issues are governed by Jersey law, the events occurred in Jersey, and the Jersey courts are the appropriate forum.

Parties
Respondents: Cristiana Crociani and others; Appellants: Edoarda Crociani and others; Intervener: Princess Camilla de Bourbon des Deux Siciles
Jurisdiction
England and Wales
Judgment Date
26 November 2014
Procedural Posture
Appeal / Judgment on Appeal From Court of Appeal of the Bailiwick of Jersey
Outcome
Appeal dismissed
Legal Topics
Exclusive Jurisdiction Clauses, Proper Law of Trusts, Forum for Administration of Trusts, Stay of Proceedings, Interpretation of Trust Deeds
Trust Law Private International Law Exclusive Jurisdiction Clauses Proper Law of Trusts Forum for Administration of Trusts Stay of Proceedings Interpretation of Trust Deeds

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Parties

Cristiana Crociani and others

Respondents

Edoarda Crociani and others

Appellants

Princess Camilla de Bourbon des Deux Siciles

Intervener

Procedural Posture

Appeal / Judgment on Appeal From Court of Appeal of the Bailiwick of Jersey

Legal Issues

  1. 1 Whether clause 12 of the 1987 Deed is an exclusive jurisdiction clause
  2. 2 If so, whether it confers exclusive jurisdiction on the courts of Mauritius for the claims made
  3. 3 If so, whether the Jersey proceedings should be stayed

Ratio Decidendi

Clause 12 of the 1987 Deed does not confer exclusive jurisdiction on the courts of Mauritius; it is a proper law provision. Even if it did confer exclusive jurisdiction, the proceedings should not be stayed as the substantive issues are governed by Jersey law, the events occurred in Jersey, and the Jersey courts are the appropriate forum.

Court Disposition

Appeal dismissed

Orders

  • No stay of the Jersey proceedings
  • Crica claims may be heard in Jersey