Jurisdiction: Games without frontiers

Carlo Piatti and Julian Berger examine a landmark ruling by the Italian Supreme Court ‘This case will be of interest to any foreign (non-Italian domiciled) entity that finds itself on the wrong end of an Italian lawsuit, and in circumstances where it is not clear whether Italian jurisdiction applies.’ The Italian Supreme Court (Court of …
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Jurisdiction: A startling proposition?

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 …
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Jurisdiction: Tug of war

Tchenguiz-Imerman v Imerman [2013] highlights the tensions between courts of different jurisdiction, despite the principle of comity. Richard Tambling reports ‘The judge accepted that the interests of comity have a powerful place in cases involving offshore trusts when the English courts will often depend on the trusts’ home courts for assistance.’ This article considers what …
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Re Po; Jo v Go & ors [2013] EWHC 3932 (COP)

Wills & Trusts Law Reports | March 2014 #137

PO 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...

Jurisdiction: First in line

Anna Wagstaff considers competing requirements to protect maintenance creditors and the need to avoid irreconcilable decisions ‘EA v AP highlights the potential conflict between the objective of the maintenance regulation to protect maintenance creditors and the fundamental objective of avoiding irreconcilable decisions.’ EU Regulation No. 4/2009 (known as the maintenance regulation) came into force in …
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Jurisdiction: Rules of the road

Philippa Charles and Al Trent consider the vexed question of which law governs an arbitration agreement ‘The House of Lords made clear in Fiona Trust v Privalov [2007], an arbitration agreement is separable from its parent contract. It must be considered – in effect – as a separate contract.’ Arbitration practitioners will be aware that …
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Jurisdiction: Complete service

Hazel Wright explains how the court is seised of a matter and issues regarding international service Many of us work with international cases. We are used to different concepts applying in different jurisdictions. We know that the first thing to do if you are contacted about a possible new case with a connection with another …
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Jurisdiction: Home and away

Emily Watson discusses whether the arguments for alternating residence are revolving or evolving Habitual residence is more than just physical presence of the child – it must not be temporary or intefrmittent and there must be some integration in a social and family environment. In Re L (A Child) [2012], the Court of Appeal dealt …
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Re Foote Estate [2011] ABCA 1

Wills & Trusts Law Reports | September 2012 #122

Eldon Foote, the deceased (D) was born in Alberta and lived there for the first 43 years of his life. He married and had five children there. When he died in 2004, his estate was worth approximately $130m. He also controlled a charitable foundation worth approximately $80m and had other assets worth approximately $10m. The bulk of his assets were held through corporations in the British Virgin Islands, and he had some investments and investment properties in Norfolk Island and a cabin in Alberta. D had left Alberta in 1967 to start his business in Australia and, over the next three years...