Crociani v Crociani & Others
26th Nov 2014
Before: Lord Neuberger, Lord Mance, Lord Reed, Lord Hughes and Lord Hodge
The principal issue on this appeal is whether proceedings (“the Proceedings”) brought in the Royal Court of Jersey by Cristiana Crociani (“Cristiana”) and others (“the respondents”) against her mother Edoarda Crociani (“Mme Crociani”) and others (“the appellants”) should be stayed on the ground that they were brought in breach of an exclusive jurisdiction clause contained in clause 12 of a Trust Deed made on 24 December 1987 (“the 1987 Deed”). The determination of this issue involves resolving the following disputes, namely (i) (a) whether clause 12 of the 1987 Deed (“clause 12”) is an exclusive jurisdiction clause, and (b) if so, in the events which have happened, whether it confers exclusive jurisdiction on the courts of Mauritius in respect of the claims made in the Proceedings, and (ii) if so, whether the Proceedings should be stayed. The appellants contend that the answer to these questions is yes, and the respondents argue that it is no.
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Simon Taube QC Call 1980 Eason Rajah QC Call 1989