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

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

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.

Citation
[2016] 2 JLR 543
Parties
Plaintiff: Crociani; Defendant: Crociani; Defendant/third Party Claimant: trust company
Jurisdiction
Jersey
Judgment Date
25 November 2016
Procedural Posture
Civil / Interlocutory
Outcome
freezing injunction granted
Legal Topics
Mareva Injunction, Freezing Order, Breach of Trust, Indemnity, Reconstitution of Trust Fund
Trust Law Civil Procedure Mareva Injunction Freezing Order Breach of Trust Indemnity Reconstitution of Trust Fund

Case Brief

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Parties

Crociani

Plaintiff

Crociani

Defendant

trust company

Defendant/third Party Claimant

Procedural Posture

Civil / Interlocutory

Legal Issues

  1. 1 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
  2. 2 Whether there is a real risk of dissipation of assets by the settlor

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

Orders

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