Crociani -v- BNP Paribas Jersey Trust Corp Ltd [2016] JCA 231 (12 December 2016)

Crociani -v- BNP Paribas Jersey Trust Corp Ltd [2016] JCA 231 (12 December 2016)

Leave to appeal granted to allow the full Court of Appeal to consider the nature of the injunctive relief and the test for granting such injunctions. Application for stay of disclosure order pending appeal refused; disclosure is necessary to police the freezing injunction and the balance of prejudice favours maintaining the order, subject to undertakings and restrictions on use of disclosed information.

Citation
[2016] JCA 231
Parties
Applicant/first Defendant: Edoarda Crociani; Respondent/third Defendant: BNP Paribas Jersey Trust Corporation Limited
Jurisdiction
Jersey
Judgment Date
12 December 2016
Procedural Posture
Application for Leave to Appeal / Interlocutory Appeal Against Refusal to Discharge Freezing Injunction and Disclosure Order
Outcome
Leave to appeal granted; application for stay of disclosure order pending appeal refused.
Legal Topics
Freezing Injunctions, Disclosure Orders, Jurisdiction, Quia Timet Relief, Indemnity, Appeal Procedure, Human Rights
Trusts Civil Procedure Injunctions Freezing Injunctions Disclosure Orders Jurisdiction Quia Timet Relief Indemnity +2 more

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 4 Authorities cited 10 Party arguments 2 Amounts and remedies 3
Sign in to unlock

Parties

Edoarda Crociani

Applicant/first Defendant

BNP Paribas Jersey Trust Corporation Limited

Respondent/third Defendant

Procedural Posture

Application for Leave to Appeal / Interlocutory Appeal Against Refusal to Discharge Freezing Injunction and Disclosure Order

Legal Issues

  1. 1 Whether the Royal Court had jurisdiction to grant a freezing injunction where only a contingent, unascertained liability existed under an indemnity
  2. 2 Whether the relief sought was properly characterised as a Mareva injunction or a quia timet injunction
  3. 3 Whether the appropriate test for granting injunctive relief was applied

Ratio Decidendi

Leave to appeal granted to allow the full Court of Appeal to consider the nature of the injunctive relief and the test for granting such injunctions. Application for stay of disclosure order pending appeal refused; disclosure is necessary to police the freezing injunction and the balance of prejudice favours maintaining the order, subject to undertakings and restrictions on use of disclosed information.

Court Disposition

Leave to appeal granted; application for stay of disclosure order pending appeal refused.

Orders

  • Disclosure in accordance with the Supplemental Order of Justice to be given by close of business on 14th December 2016.
  • Third Defendant not to supply disclosed information to any person (including affiliates or associated companies) other than legal advisers without leave of the Court.