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

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

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.

Citation
[2014] 1 JLR 426
Parties
Applicant: Crociani; Respondent: Crociani
Jurisdiction
Jersey
Judgment Date
07 April 2014
Procedural Posture
Trust Dispute / Judgment
Outcome
clarification of governing law
Legal Topics
Exclusive Jurisdiction Clause, Governing Law, Forum Conveniens
Trust Law Private International Law Exclusive Jurisdiction Clause Governing Law Forum Conveniens

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Parties

Crociani

Applicant

Crociani

Respondent

Procedural Posture

Trust Dispute / Judgment

Legal Issues

  1. 1 Interpretation of exclusive jurisdiction clause in trust deed
  2. 2 Determination of governing law upon appointment of new trustee

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