Robert Dobbyn examines exclusive jurisdiction clauses in the light of Crociani v Crociani [2013] ‘Ultimately the question was whether the case should be tried “more suitably for the interests of all the parties and for the ends of justice” in Jersey rather than Mauritius.’ In this case the Royal Court of Jersey considered the effect …
Continue reading "Jurisdiction: A startling proposition?"
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Wills & Trusts Law Reports | March 2014 #137PO was 88 years of age and lacked capacity to decide where she should live. She had four children, the applicant (JO), and the first, second and third respondents (GO, RO and MP). GO and RO were PO’s attorneys for property and affairs but no power of attorney or deputyship order was extant for welfare decisions.
Until the events giving rise to this application PO was habitually resident in England and Wales, living in her own property in Worcestershire with family and local authority assistance. However, in April 2012, GO moved PO to Scotland, initially to live with him but...
Georgia Hicks discusses Stylianou v Suncorp and Rome II the Applicable Law in International Personal Injury Law ‘Providing a more manifest connection can be established with the victim’s home country than the country of the accident, claimants may be able to apply their own domestic law.’ The recent case of Stylianou v Toyoshima [2013] has …
Continue reading "Accidents Abroad: Damage v Damages"
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Wills & Trusts Law Reports | January/February 2013 #126The defendant Bank of New York Trust Co (Cayman) Ltd (BNY Cayman) was sole trustee of the Beverley and Howden Settlements from June 1999 until February 2005 and trustee of the London Settlement from March 2000 until November 2002. The first plaintiff, Helmsman Ltd (H(1)), is a Bermudian company and now the sole trustee of the Beverley and Howden Settlements. The second plaintiff, the Hotham Trustee Co Ltd (H(2)), is an English company and the sole trustee of the London Settlement. The Beverley and Howden Settlements (the UK settlements) provide that the proper law of the settlement is th...
Andrew Emery considers the vexed question of service outside the UK ‘It is clear that if litigation is commenced in the face of a foreign jurisdiction clause, a party who wants to litigate in England (in breach of the clause) will have to demonstrate that there is a strong cause for keeping the proceedings in …
Continue reading "Services: Staying in touch"
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