Appleby Trust (Mauritius) Limited v Crociani [2018] JCA 136 (25 July 2018)

Appleby Trust (Mauritius) Limited v Crociani [2018] JCA 136 (25 July 2018)

The Royal Court erred in construing the consent order as precluding an issue-based approach to indemnity costs. The appellate court held that, in principle, an issue-based approach to indemnity uplift is permissible even where standard costs are accepted on a unitary basis. The matter is remitted to the Commissioner to determine, in his discretion, whether an issue-based approach to indemnity costs is appropriate and, if so, to identify the relevant issues.

Citation
[2018] JCA 136
Parties
Appellant: Appleby Trust (Mauritius) Limited; First Respondent: Cristiana Crociani; Second Respondent: A (by her Guardian ad litem); Third Respondent: B (by her Guardian ad litem)
Jurisdiction
Jersey
Judgment Date
25 July 2018
Procedural Posture
Appeal / Judgment on Appeal Against Costs Order
Outcome
Appeal allowed; costs order set aside; matter remitted to Commissioner for reconsideration.
Legal Topics
Costs, Indemnity Costs, Issue Based Costs Orders, Trustee Duties, Litigation Conduct
Trusts and Estates Civil Procedure Costs Indemnity Costs Issue Based Costs Orders Trustee Duties Litigation Conduct

Case Brief

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Parties

Appleby Trust (Mauritius) Limited

Appellant

Cristiana Crociani

First Respondent

A (by her Guardian ad litem)

Second Respondent

B (by her Guardian ad litem)

Third Respondent

Procedural Posture

Appeal / Judgment on Appeal Against Costs Order

Legal Issues

  1. 1 Whether the Royal Court erred in refusing to consider an issue-based approach to indemnity costs against the appellant
  2. 2 Whether the consent order precluded an issue-based or percentage-based award of indemnity costs
  3. 3 Whether the appellant's conduct justified an indemnity costs order

Ratio Decidendi

The Royal Court erred in construing the consent order as precluding an issue-based approach to indemnity costs. The appellate court held that, in principle, an issue-based approach to indemnity uplift is permissible even where standard costs are accepted on a unitary basis. The matter is remitted to the Commissioner to determine, in his discretion, whether an issue-based approach to indemnity costs is appropriate and, if so, to identify the relevant issues.

Court Disposition

Appeal allowed; costs order set aside; matter remitted to Commissioner for reconsideration.

Orders

  • Set aside the order for indemnity costs against the appellant.
  • Remit the matter to the Commissioner to determine whether an issue-based approach to indemnity costs is appropriate and, if so, which issues warrant indemnity costs.