Jaiswal v Jaiswal [2007] JLR 305 (15 June 2007)

Jaiswal v Jaiswal [2007] JLR 305 (15 June 2007)

The Royal Court's determination of forum conveniens is an evaluative exercise, not a discretionary one, and the Court of Appeal will only interfere if irrelevant factors were considered, relevant factors were ignored, or the conclusion was unreasonable.

Citation
[2007] JLR 305
Parties
Appellant: Jaiswal; Respondent: Jaiswal
Jurisdiction
Jersey
Judgment Date
15 June 2007
Procedural Posture
Appeal / Court of Appeal Judgment
Outcome
appeal dismissed
Legal Topics
Forum Conveniens, Validity of Will, Foreign Domiciliary
Succession Private International Law Forum Conveniens Validity of Will Foreign Domiciliary

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Party arguments 2
Sign in to unlock

Parties

Jaiswal

Appellant

Jaiswal

Respondent

Procedural Posture

Appeal / Court of Appeal Judgment

Legal Issues

  1. 1 What is the appropriate forum for determination of the validity of a will of a foreign domiciliary?

Ratio Decidendi

The Royal Court's determination of forum conveniens is an evaluative exercise, not a discretionary one, and the Court of Appeal will only interfere if irrelevant factors were considered, relevant factors were ignored, or the conclusion was unreasonable.

Court Disposition

appeal dismissed