Crociani -v- Crociani [2016] JRC 111 (30 June 2016)

Crociani -v- Crociani [2016] JRC 111 (30 June 2016)

Fairness requires that, where the defendants have relied on legal advice in pleadings and evidence relating to the Agate Appointment and related trust transactions, they must disclose all legal advice received from specified advisers between 25 July 2012 and 2 August 2012 concerning how to defend or respond to the plaintiffs' letter before action and the rationale for the Agate Appointment. Disclosure is limited to this period and does not extend to advice received after the Agate Appointment.

Citation
[2016] JRC 111
Parties
Plaintiffs: Cristiana Crociani and others; Defendants: Camilla Crociani and others (first to fifth defendants)
Jurisdiction
Jersey
Judgment Date
30 June 2016
Procedural Posture
Trust Litigation / Specific Discovery Applications / Interlocutory Application for Specific Discovery
Outcome
Plaintiffs' application for further disclosure granted in part; other specific discovery applications determined as set out.
Legal Topics
Waiver of Legal Professional Privilege, Specific Discovery, Breach of Trust, Appointment and Retirement of Trustees, Disclosure Obligations
Trusts and Equity Civil Procedure Waiver of Legal Professional Privilege Specific Discovery Breach of Trust Appointment and Retirement of Trustees Disclosure Obligations

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Parties

Cristiana Crociani and others

Plaintiffs

Camilla Crociani and others (first to fifth defendants)

Defendants

Procedural Posture

Trust Litigation / Specific Discovery Applications / Interlocutory Application for Specific Discovery

Legal Issues

  1. 1 Whether the defendants have waived privilege over legal advice by relying on it in pleadings and evidence
  2. 2 Whether fairness requires broader disclosure of legal advice relating to the Agate Appointment and related trust transactions
  3. 3 Whether the plaintiffs are entitled to disclosure of all legal advice received by the defendants in the relevant period

Ratio Decidendi

Fairness requires that, where the defendants have relied on legal advice in pleadings and evidence relating to the Agate Appointment and related trust transactions, they must disclose all legal advice received from specified advisers between 25 July 2012 and 2 August 2012 concerning how to defend or respond to the plaintiffs' letter before action and the rationale for the Agate Appointment. Disclosure is limited to this period and does not extend to advice received after the Agate Appointment.

Court Disposition

Plaintiffs' application for further disclosure granted in part; other specific discovery applications determined as set out.

Orders

  • Defendants to disclose all legal advice from Brian Green QC, Mourant Ozannes, and Macfarlanes between 25 July 2012 and 2 August 2012 concerning responses to the plaintiffs' letter before action and the Agate Appointment.
  • Fifth defendant to list any communications with Pleming JA on or around 20 May 2013 within 28 days.