The Law Reports (Chancery Division)
[2009] Ch 245
Court of Appeal
Gomez and others v Gomez-Monche Vives and others
[2008] EWHC 259 (Ch)
[2008] EWCA Civ 1065
2008 Jan 25,
28;
Feb 18
Feb 18
Morgan J
2008 July 24,
25;
Oct 3
Oct 3
Jacob, Lawrence Collins LJJ, Lewison J
Conflict of laws— Jurisdiction under Council Regulation— Breach of trust— Trust declared by declaration of trust— Declaration expressly declaring English law to be proper law— Claim for breach of trust brought in England against defendant domiciled in Spain— Allegation that defendant not entitled to sums paid to her by trustees or to exercise fiduciary power given by declaration as she had— Whether trust domiciled in England— Whether defendant sued as “trustee” or “beneficiary”— Whether donee of fiduciary power “trustee”— Whether court having jurisdiction to hear claim—
Civil Jurisdiction and Judgments Order 2001 (SI 2001/3929), Sch 1, para 12(3)
—
Council Regulation (EC) No 44/2001, arts 5(6), 60(3)