Jersey Judgment

Crociani v. Crociani [2016] 2 JLR 543 (25 November 2016)

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Source document

01

Holding and result

The court granted the freezing injunction against the settlor, finding a real risk that the settlor would refuse to comply with a judgment and dissipate assets, thereby justifying the injunction to support the trust company's indemnity claim.

Court disposition

freezing injunction granted

Orders

  • Freezing injunction granted against the settlor to support the trust company's third party indemnity claim

02

Material facts

Parties

Crociani

Plaintiff

Crociani

Defendant

trust company

Defendant/third Party Claimant

03

Procedural history

  1. Posture

    Civil / Interlocutory

04

Questions and positions

Legal issues

Party arguments

Applicant
The trust company sought a freezing injunction against the settlor to support its third party indemnity claim, arguing there was a real risk the wealthy settlor would refuse to comply with any judgment and dissipate assets.
Respondent
The settlor opposed the freezing injunction, disputing the risk of non-compliance and dissipation of assets.

05

Court’s reasoning

  1. 01

    Jersey case law and general principles of Mareva injunctions

    A Mareva (freezing) injunction may be granted in support of an indemnity claim where there is a real risk of dissipation of assets by the defendant.

06

Ratio, limits and disposition

Ratio decidendi

The court granted the freezing injunction against the settlor, finding a real risk that the settlor would refuse to comply with a judgment and dissipate assets, thereby justifying the injunction to support the trust company's indemnity claim.

Court disposition

freezing injunction granted

  • Freezing injunction granted against the settlor to support the trust company's third party indemnity claim

Source and reliance status

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Judgment text

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Source document

Court record

Judgment

[2016] 2 JLR 543

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BAILII >> Databases >> Jersey Law Reports >> Crociani v. Crociani [2016] 2 JLR 543 (25 November 2016) URL: https://www.bailii.org/je/cases/JLR/2016/JLR162543.html Cite as: [2016] 2 JLR 543 [ New search ] [ Help ] Crociani v. Crociani 2016 (2) JLR 543 (25 November 2016) Injunctions-Mareva injunction-use in support of indemnity claim-in action by beneficiaries against settlor, trust company and others alleging breach of trust and seeking reconstitution of trust fund (which, if successful, would render defendants jointly liable for substantial sum), trust company granted freezing injunctions against settlor to support its third party claim against her to rely on indemnity-real risk of wealthy settlor refusing to comply with judgment in favour of plaintiffs and dissipating assets The document you wish to view is available to registered users or can be purchased as a PDF. To purchase this document in PDF format or alternatively to Register to purchase membership go to the Jersey Law website via this link: 2016 (2) JLR 543 BAILII: Copyright Policy | Disclaimers | Privacy Policy | Feedback | Donate to BAILII URL: https://www.bailii.org/je/cases/JLR/2016/JLR162543.html

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