Jersey Judgment

Crociani v. Crociani [2014] 1 JLR 426 (07 April 2014)

Trust Law Private International Law Exclusive Jurisdiction Clause Governing Law Forum Conveniens

Citation: [2014] 1 JLR 426
Status: Judgment
Jurisdiction: Jersey
Posture: Trust Dispute / Judgment

More details

Posture: Trust Dispute / Judgment

On this page

Professional case brief

Research organized from the available case record

Source document

Holding and result

The provision that, upon appointment of a new trustee, the rights of all persons and the construction and effect of the trust are subject to the 'exclusive jurisdiction' of the law of the country of the new trustee's residence means that the law of the new residence becomes the governing law, not that the new residence is the locus for resolution of disputes.

Court disposition

clarification of governing law

Material facts

Parties

Crociani

Applicant

Crociani

Respondent

Procedural history

Posture

Trust Dispute / Judgment

Questions and positions

Legal issues

01
Interpretation of exclusive jurisdiction clause in trust deed
02
Determination of governing law upon appointment of new trustee

Party arguments

Applicant: Applicant contended that the exclusive jurisdiction clause in the trust deed required disputes to be resolved in the country of the new trustee's residence.
Respondent: Respondent argued that the clause only changed the governing law to that of the new trustee's residence, not the forum for dispute resolution.

Court’s reasoning

Legal principles

01
Jersey Law Reports [2014] 1 JLR 426

Exclusive jurisdiction clause in trust deed determines governing law, not forum for dispute resolution.

Ratio, limits and disposition

Ratio decidendi

The provision that, upon appointment of a new trustee, the rights of all persons and the construction and effect of the trust are subject to the 'exclusive jurisdiction' of the law of the country of the new trustee's residence means that the law of the new residence becomes the governing law, not that the new residence is the locus for resolution of disputes.

Court disposition

clarification of governing law

Source and reliance status

Official court record

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Source document

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Judgment text

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Source document

Court record

Judgment

[2014] 1 JLR 426

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BAILII >> Databases >> Jersey Law Reports >> Crociani v. Crociani [2014] 1 JLR 426 (07 April 2014) URL: https://www.bailii.org/je/cases/JLR/2014/JLR141426.html Cite as: [2014] 1 JLR 426 [ New search ] [ Help ] Crociani v. Crociani 2014 (1) JLR 426 (07 April 2014) Trusts-exclusive jurisdiction clauses-forum conveniens-provision that, on appointment of new trustee, rights of all persons and construction and effect of trust to be subject to "exclusive jurisdiction" of law of country of new trustee's residence means law of new residence becomes governing law, not that new residence is locus for resolution of disputes The document you wish to view is available to registered users or can be purchased as a PDF. To purchase this document in PDF format or alternatively to Register to purchase membership go to the Jersey Law website via this link: 2014 (1) JLR 426 BAILII: Copyright Policy | Disclaimers | Privacy Policy | Feedback | Donate to BAILII URL: https://www.bailii.org/je/cases/JLR/2014/JLR141426.html

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