Crociani -v- Crociani [2015] JRC 227 (11 November 2015)

Crociani -v- Crociani [2015] JRC 227 (11 November 2015)

The third party claim based on the 2010 Deed is sufficiently pleaded and shows a prima facie case for indemnity against the first defendant; however, the claim based on the 2011 Revocation fails as there is no claim against the trustees of the Fortunate Trust and the indemnity does not extend to liabilities arising from the Grand Trust.

Citation
[2015] JRC 227
Parties
Third Defendant/applicant: BNP Paribas Jersey Trust Corporation Limited; First Defendant/respondent: Edoarda Crociani
Jurisdiction
Jersey
Judgment Date
11 November 2015
Procedural Posture
Application to Issue Third Party Claim and Amend Answer / Interlocutory Application Ruling
Outcome
Partially allowed
Legal Topics
Third Party Claims, Indemnity Clauses, Pleadings, Trustee Liability
Trusts Civil Procedure Third Party Claims Indemnity Clauses Pleadings Trustee Liability

Case Brief

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Parties

BNP Paribas Jersey Trust Corporation Limited

Third Defendant/applicant

Edoarda Crociani

First Defendant/respondent

Procedural Posture

Application to Issue Third Party Claim and Amend Answer / Interlocutory Application Ruling

Legal Issues

  1. 1 Whether the third defendant may issue a third party claim against the first defendant for indemnity under the 2010 Deed and/or the 2011 Revocation
  2. 2 Whether the pleadings for the third party claim are sufficiently particularised
  3. 3 Whether clause 3 of the 2011 Revocation provides an indemnity for claims relating to the Grand Trust

Ratio Decidendi

The third party claim based on the 2010 Deed is sufficiently pleaded and shows a prima facie case for indemnity against the first defendant; however, the claim based on the 2011 Revocation fails as there is no claim against the trustees of the Fortunate Trust and the indemnity does not extend to liabilities arising from the Grand Trust.

Court Disposition

Partially allowed

Orders

  • Permission granted for the 2010 third party claim to be brought against the first defendant.
  • Permission refused for the 2011 third party claim.