Crociani and others v Crociani, Foortse, BNP Paribas Jersey Trust Corporation and Appleby Trust (Mauritius) Ltd

17 September 2013

Acting for the Plaintiffs in breach of trust proceedings seeking restitution of in excess of US$ 100m. The Jersey proceedings were instituted in January 2013 but the Defendants issued a forum challenge to stay the action in favour of proceedings which they commenced in Mauritius seeking court approval of their actions. They relied on a clause in the trust deed which they contended amounted to an exclusive jurisdiction clause in favour of Mauritius. Their application failed when the Royal Court ruled that the clause did not have that effect and even if it had the proceedings ought to proceed in Jersey. The Defendants unsuccessfully appealed to both the Court of Appeal and the Privy Council, the latter handing down judgment in November 2014. The substantive case is now proceeding in Jersey.