Edoardo Crociani, Paul Foortse, BNP Paribas Jersey Trust Corporation Ltd and Appleby Trust (Mauritius) Ltd -v- Cristiana Crociani, A and B [2014] JCA 089 (07 April 2014)

Edoardo Crociani, Paul Foortse, BNP Paribas Jersey Trust Corporation Ltd and Appleby Trust (Mauritius) Ltd -v- Cristiana Crociani, A and B [2014] JCA 089 (07 April 2014)

Clause Twelfth of the Grand Trust, properly construed, does not confer exclusive jurisdiction on the courts of Mauritius for hostile litigation such as claims against former trustees for breach of trust. The clause changes the proper law and forum for administration for internal trust matters, but does not oust the jurisdiction of the Jersey courts for claims arising from acts or omissions of former trustees under the previous proper law. The Royal Court did not err in refusing to stay the Jersey proceedings on forum non conveniens grounds.

Citation
[2014] JCA 089
Parties
Appellant: Edoarda Crociani; Appellant: Paul Foortse; Appellant: BNP Paribas Jersey Trust Corporation Limited; Appellant: Appleby Trust (Mauritius) Limited; Respondent: Cristiana Crociani; Respondent: A (by her Guardian ad Litem, Nicolas Delrieu); Respondent: B (by her Guardian ad Litem, Nicolas Delrieu)
Jurisdiction
Jersey
Judgment Date
07 April 2014
Procedural Posture
Application for Leave to Appeal / Court of Appeal Judgment on Application for Leave to Appeal And, Contingently, the Appeal Itself
Outcome
Permission to appeal refused; appeal dismissed
Legal Topics
Forum Non Conveniens, Exclusive Jurisdiction Clauses, Proper Law of Trusts, Trustee Powers, Breach of Trust, Interpretation of Trust Instruments
Trusts and Estates Private International Law Forum Non Conveniens Exclusive Jurisdiction Clauses Proper Law of Trusts Trustee Powers Breach of Trust Interpretation of Trust Instruments

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Parties

Edoarda Crociani

Appellant

Paul Foortse

Appellant

BNP Paribas Jersey Trust Corporation Limited

Appellant

Appleby Trust (Mauritius) Limited

Appellant

Cristiana Crociani

Respondent

A (by her Guardian ad Litem, Nicolas Delrieu)

Respondent

B (by her Guardian ad Litem, Nicolas Delrieu)

Respondent

Procedural Posture

Application for Leave to Appeal / Court of Appeal Judgment on Application for Leave to Appeal And, Contingently, the Appeal Itself

Legal Issues

  1. 1 Whether Clause Twelfth of the Grand Trust confers exclusive jurisdiction on the courts of Mauritius for all disputes, including hostile litigation against former trustees
  2. 2 Whether the Royal Court erred in refusing to stay Jersey proceedings on forum non conveniens grounds
  3. 3 Proper construction of 'exclusive jurisdiction' and 'forum for administration' in trust deeds

Ratio Decidendi

Clause Twelfth of the Grand Trust, properly construed, does not confer exclusive jurisdiction on the courts of Mauritius for hostile litigation such as claims against former trustees for breach of trust. The clause changes the proper law and forum for administration for internal trust matters, but does not oust the jurisdiction of the Jersey courts for claims arising from acts or omissions of former trustees under the previous proper law. The Royal Court did not err in refusing to stay the Jersey proceedings on forum non conveniens grounds.

Court Disposition

Permission to appeal refused; appeal dismissed

Orders

  • Jersey proceedings to continue; no stay granted on forum non conveniens grounds
  • Costs to be determined as appropriate