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Jersey Case Law

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Trusts [2015] JRC 208

Representation of the Manor House Trust and the Russian Trust

Representation of the Manor House Trust and the Russian Trust [2015] JRC 208 (08 October 2015)

The Royal Court of Jersey upheld leave to serve trust proceedings out of the jurisdiction, holding Jersey was the clearly most appropriate forum and no material non-disclosure was shown.

  • Jurisdiction
  • Forum conveniens
  • Removal of trustees
  • Proper law of trusts
  • Service out of jurisdiction
  • Sham trusts
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Trusts and estates [2015] JRC 125

Representation of Schroder Cayman Bank and Trust Co Ltd

Representation of Schroder Cayman Bank and Trust Co Ltd [2015] JRC 125 (10 June 2015)

The Jersey Royal Court recognised a Cayman judgment holding trust appointments void for excessive execution and authorised the trustees to return the assets.

  • Validity of appointments under trust
  • Recognition of foreign judgments
  • Proper law of trusts
  • Excessive execution of powers
  • Mistake in trust appointments
  • Trusts-and-estates
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Trusts and estates [2014] JCA 089

Edoardo Crociani, Paul Foortse, BNP Paribas Jersey Trust Corporation Ltd and Appleby Trust (Mauritius) Ltd -v- Cristiana Crociani, A and B

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)

The Court of Appeal held that Clause Twelfth of the Grand Trust did not confer exclusive Mauritian jurisdiction over hostile trust claims and refused a stay.

  • Forum non conveniens
  • Exclusive jurisdiction clauses
  • Proper law of trusts
  • Trustee powers
  • Breach of trust
  • Interpretation of trust instruments
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Trusts and estates [2013] JRC 194A

Cristiana Crociani, A and B -v- Edoardo Crociani, Paul Foortse, BNP Paribas Jersey trust Corporation Ltd and Appleby Trust (Mauritius) Ltd

Cristiana Crociani, A and B -v- Edoardo Crociani, Paul Foortse, BNP Paribas Jersey trust Corporation Ltd and Appleby Trust (Mauritius) Ltd [2013] JRC 194A (02 October 2013)

The court refused a forum non conveniens stay, holding Jersey was the proper forum and that the trust deed’s exclusive jurisdiction clause did not bar the claims.

  • Forum non conveniens
  • Exclusive jurisdiction clauses
  • Proper law of trusts
  • Trustee powers and duties
  • Breach of trust
  • Jurisdictional challenges
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Trusts [2010] JRC 164

Representation of AA

Representation of AA [2010] JRC 164 (07 September 2010)

The Jersey Royal Court held that a trust deed’s forum-for-administration clause did not give Jersey exclusive jurisdiction and stayed hostile proceedings in favour of Guernsey.

  • Jurisdiction clauses in trust deeds
  • Proper law of trusts
  • Forum non conveniens
  • Trustee powers and duties
  • Exclusive jurisdiction clauses
  • Trust-jurisdiction-clauses
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Jersey decisions are organised by court, judge, legal area and indexed issue so a practitioner can move from a proposition to a citable authority with the surrounding context intact.