Crociani v. Crociani [2016] 2 JLR 543 (25 November 2016)
- Citation
- [2016] 2 JLR 543
- Status
- Judgment
- Jurisdiction
- Jersey
- Posture
- Civil / Interlocutory
More details
- Posture
- Civil / Interlocutory
On this page
Professional case brief
Research organized from the available case record
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
PlaintiffCrociani
Defendanttrust company
Defendant/third Party Claimant03
Procedural history
Posture
Civil / Interlocutory
04
Questions and positions
Legal issues
- 01
Whether a Mareva injunction can be granted to support a trust company's indemnity claim against a settlor in the context of a breach of trust action
- 02
Whether there is a real risk of dissipation of assets by the settlor
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
Legal principles
- 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
Official court record
This page organises the available record for research. Confirm quotations, current status, and subsequent treatment against the official source before relying on the case.
Judgment reading view
Judgment text
The complete available source text.
Court record
Judgment
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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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