E.M.M. Capricorn Trustees v Compass Trustees [2001] JLR 205 (23 April 2001)

E.M.M. Capricorn Trustees v Compass Trustees [2001] JLR 205 (23 April 2001)

The court may disregard an exclusive jurisdiction clause in a trust instrument, as the maxim la convention fait la loi des parties is less strictly applicable to trusts than to contracts.

Citation
[2001] JLR 205
Parties
Applicant: E. M. M. Capricorn Trustees; Respondent: Compass Trustees
Jurisdiction
Jersey
Judgment Date
23 April 2001
Procedural Posture
Trust Dispute / Judgment
Outcome
Court exercised discretion and did not treat the exclusive jurisdiction clause as decisive.
Legal Topics
Exclusive Jurisdiction Clauses, Court Discretion in Trusts
Trust Law Exclusive Jurisdiction Clauses Court Discretion in Trusts

Case Brief

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Parties

E. M. M. Capricorn Trustees

Applicant

Compass Trustees

Respondent

Procedural Posture

Trust Dispute / Judgment

Legal Issues

  1. 1 Whether the court should give effect to an exclusive jurisdiction clause in a trust instrument

Ratio Decidendi

The court may disregard an exclusive jurisdiction clause in a trust instrument, as the maxim la convention fait la loi des parties is less strictly applicable to trusts than to contracts.

Court Disposition

Court exercised discretion and did not treat the exclusive jurisdiction clause as decisive.