Jurisdiction Flashcards
Q1: What are the two meanings of “jurisdiction” in legal terms?
A1:
Territorial jurisdiction – Whether the court can assert authority over a person or matter (e.g., if the defendant is abroad).
Power or competence – Whether the court has the legal power to make the specific order being requested.
Q2: Why is territorial jurisdiction important in Jersey trust law?
A2: Because Jersey is an offshore finance centre, most trusts have a foreign element. The Court’s ability to adjudicate on such matters is crucial.
Q3: Where does Jersey look for guidance if it lacks its own jurisdictional rules?
A3: Jersey courts often refer to English private international law principles.
Q4: When does the Jersey Court have jurisdiction under Article 5?
A4:
(a) The trust is a Jersey trust.
(b) A trustee of a foreign trust is resident in Jersey.
(c) Trust property of a foreign trust is administered in Jersey.
(d) Trust propert of a foreign trust is situated in Jersey.
Q5: What does it mean for a trustee to be “resident” in Jersey?
A5: Includes companies incorporated in Jersey. The court assumes foreign courts will recognize Jersey decisions just as Jersey would recognize theirs.
Q6: Does Article 5 apply to all cases involving a trust?
A6: No. It applies to trust litigation—not other disputes where the trust is only incidentally involved (e.g., a contract dispute involving trustees).
Q7: What rules apply where Article 5 does not?
A7:
Royal Court Rules 2004, Part 5 (service within Jersey)
Service of Process Rules 1994, Rule 7 (service outside Jersey)
Q8: Are trust jurisdiction clauses treated like contract clauses in Jersey?
A8: No, not exactly. Since beneficiaries were not party to the original deed, courts treat jurisdiction clauses in trusts with more flexibility.
Q9: What principles did EMM Capricorn v Compass Trustees lay out about jurisdiction clauses?
A9:
The clause is binding unless good reason is shown otherwise.
The burden is on the plaintiff to justify breaching the clause.
Factors considered include convenience, applicable law, and prejudice.
Q10: How did Koonmen v Bender take a different view?
A10: The Court took a stricter approach,
holding beneficiaries more bound by jurisdiction clauses as part of the trust’s structure.
Q11: What distinction did Crociani v Crociani make?
A11: That the “forum for administration” is not the same as the forum for resolving disputes. The former is about the place of day-to-day administration.
Q12: What did the Privy Council decide about exclusive jurisdiction clauses in trusts?
A12:
They carry less weight than in contracts.
A beneficiary can more easily resist enforcement due to the Court’s supervisory jurisdiction over trusts.
Q13: What is the doctrine of forum non conveniens?
A13: It allows the Jersey Court to decline jurisdiction even where it exists, if another forum is clearly more appropriate for the case.
Q14: What test is used for forum non conveniens?
A14: The Spiliada test: A stay is granted if there is another available forum more suitable in the interests of justice.
Q15: Who bears the burden of proof in forum disputes?
A15:
If serving a foreign defendant: the plaintiff must prove Jersey is clearly the proper forum.
If the defendant is in Jersey: the defendant must show another forum is better.
Q16: Can Jersey courts issue anti-suit injunctions?
A16: Yes, though rarely. The Court can stop someone from litigating elsewhere if the proper forum is Jersey.
