Crociani -v- Crociani [2015] JRC 228 (12 November 2015)

Crociani -v- Crociani [2015] JRC 228 (12 November 2015)

There was no sufficient evidence that Madame Crociani or her advisers deliberately withheld the counterclaim to gain a tactical advantage in the forum challenge. The application to amend was not late, and refusing the amendment would be disproportionate and unjust. The guiding principle is to allow amendments necessary to determine the real issues, and no abuse of process was established.

Citation
[2015] JRC 228
Parties
Plaintiffs: Cristiana Crociani and others; First Defendant: Madame Crociani; Second Defendant: Second Defendant; Fourth Defendant: Fourth Defendant; Sixth Defendant: Camillo Crociani Foundation IBC (Bahamas) Limited
Jurisdiction
Jersey
Judgment Date
12 November 2015
Procedural Posture
Civil Appeal / Appeal Against Master's Order Permitting Amendment to Include Counterclaim
Outcome
Appeal dismissed
Legal Topics
Amendment of Pleadings, Abuse of Process, Trusts—mistake, Legal Professional Privilege
Trust Law Civil Procedure Amendment of Pleadings Abuse of Process Trusts—mistake Legal Professional Privilege

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Parties

Cristiana Crociani and others

Plaintiffs

Madame Crociani

First Defendant

Second Defendant

Second Defendant

Fourth Defendant

Fourth Defendant

Camillo Crociani Foundation IBC (Bahamas) Limited

Sixth Defendant

Procedural Posture

Civil Appeal / Appeal Against Master's Order Permitting Amendment to Include Counterclaim

Legal Issues

  1. 1 Whether allowing Madame Crociani to amend her answer to include a counterclaim to set aside the Grand Trust on grounds of mistake constitutes an abuse of process
  2. 2 Whether there was a deliberate tactical decision not to plead the counterclaim earlier to avoid prejudicing the forum challenge

Ratio Decidendi

There was no sufficient evidence that Madame Crociani or her advisers deliberately withheld the counterclaim to gain a tactical advantage in the forum challenge. The application to amend was not late, and refusing the amendment would be disproportionate and unjust. The guiding principle is to allow amendments necessary to determine the real issues, and no abuse of process was established.

Court Disposition

Appeal dismissed

Orders

  • Leave granted to amend the answer to include the counterclaim.
  • Madame Crociani, the second and fourth defendants to pay costs occasioned by the amendment on an indemnity basis, including costs of any additional discovery.