Crociani -v- Crociani [2018] JRC 013 (17 January 2018)

Crociani -v- Crociani [2018] JRC 013 (17 January 2018)

Indemnity costs are justified against the first and fourth defendants due to unreasonable and obstructive conduct, including deliberate non-compliance, interference with administration of justice, and active resistance beyond the norm. The third defendant's conduct, while robust, did not exceed acceptable bounds and only warrants standard costs.

Citation
[2018] JRC 013
Parties
First Plaintiff: Cristiana Crociani; Second Plaintiff: A (by her guardian ad litem Nicolas Delrieu); Third Plaintiff: B (by her guardian ad litem Nicolas Delrieu); First Defendant: Edoarda Crociani; Second Defendant: Paul Foortse; Third Defendant: BNP Paribas Jersey Trust Corporation Limited; Fourth Defendant: Appleby Trust (Mauritius) Limited; Fifth Defendant: Camilla de Bourbon des Deux Siciles; Sixth Defendant: Camillo Crociani Foundation IBC (Bahamas) Limited; Seventh Defendant: BNP Paribas Jersey Nominee Company Ltd; Eighth Defendant: GFin Corporate Services Ltd
Jurisdiction
Jersey
Judgment Date
17 January 2018
Procedural Posture
Costs Application Following Substantive Trust Litigation / Post Judgment Costs Determination
Outcome
Costs awarded: indemnity basis against first and fourth defendants, standard basis against third defendant.
Legal Topics
Indemnity Costs, Standard Costs, Breach of Trust, Trustee Duties, Derivative Actions, Litigation Conduct
Trusts Civil Procedure Indemnity Costs Standard Costs Breach of Trust Trustee Duties Derivative Actions Litigation Conduct

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Parties

Cristiana Crociani

First Plaintiff

A (by her guardian ad litem Nicolas Delrieu)

Second Plaintiff

B (by her guardian ad litem Nicolas Delrieu)

Third Plaintiff

Edoarda Crociani

First Defendant

Paul Foortse

Second Defendant

BNP Paribas Jersey Trust Corporation Limited

Third Defendant

Appleby Trust (Mauritius) Limited

Fourth Defendant

Camilla de Bourbon des Deux Siciles

Fifth Defendant

Camillo Crociani Foundation IBC (Bahamas) Limited

Sixth Defendant

BNP Paribas Jersey Nominee Company Ltd

Seventh Defendant

GFin Corporate Services Ltd

Eighth Defendant

Procedural Posture

Costs Application Following Substantive Trust Litigation / Post Judgment Costs Determination

Legal Issues

  1. 1 Whether indemnity costs should be awarded against the first, third, and fourth defendants
  2. 2 Whether conduct of defendants justifies departure from standard costs
  3. 3 Application of costs principles in breach of trust litigation

Ratio Decidendi

Indemnity costs are justified against the first and fourth defendants due to unreasonable and obstructive conduct, including deliberate non-compliance, interference with administration of justice, and active resistance beyond the norm. The third defendant's conduct, while robust, did not exceed acceptable bounds and only warrants standard costs.

Court Disposition

Costs awarded: indemnity basis against first and fourth defendants, standard basis against third defendant.

Orders

  • First, third, and fourth defendants jointly and severally to pay plaintiffs' costs of and incidental to proceedings to the extent not already dealt with by way of costs orders.
  • First defendant to pay costs on indemnity basis.