Private Law Theory

INTRODUCTION
While jurisdiction clauses, or choice of court agreements, are increasingly utilised in trust deeds, the common law rules which apply to these clauses are far from clear. In comparison to the contractual context, the use of jurisdiction clauses in the trusts context is relatively more recent, and the relevant authorities are sparse. This situation is a source of concern, since the present state of the law detracts from the very reason for which a jurisdiction clause is frequently used in modern trusts practice, namely, the attainment of certainty. Therefore, it is important that this area of law is properly analysed, and its principles carefully stated …

€ (Westlaw)

Richard Garnett and Ying Khai Liew, ‘Trusts jurisdiction clauses: an analysis’ (2025) 141(Jul) Law Quarterly Review 357-375.