Crociani v Crociani [2013] 2 JLR 369 (02 October 2013)

Crociani v Crociani [2013] 2 JLR 369 (02 October 2013)

Jersey is the forum conveniens for the determination of the beneficiaries' action against the trustees because the majority of the impugned transactions occurred when the trust was administered in Jersey by a Jersey trustee and governed by Jersey law, and complicated issues of Jersey law are involved.

Citation
[2013] 2 JLR 369
Parties
Applicant: Crociani; Respondent: Crociani
Jurisdiction
Jersey
Judgment Date
02 October 2013
Procedural Posture
Civil / Forum Conveniens Determination
Outcome
Jersey court held to be the forum conveniens
Legal Topics
Exclusive Jurisdiction Clauses, Forum Conveniens, Trust Administration
Trust Law Private International Law Exclusive Jurisdiction Clauses Forum Conveniens Trust Administration

Case Brief

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Parties

Crociani

Applicant

Crociani

Respondent

Procedural Posture

Civil / Forum Conveniens Determination

Legal Issues

  1. 1 Whether Jersey is the appropriate forum for determination of beneficiaries' action against trustees despite the trust now being governed by Mauritian law

Ratio Decidendi

Jersey is the forum conveniens for the determination of the beneficiaries' action against the trustees because the majority of the impugned transactions occurred when the trust was administered in Jersey by a Jersey trustee and governed by Jersey law, and complicated issues of Jersey law are involved.

Court Disposition

Jersey court held to be the forum conveniens