Edoardo Crociani, Paul Foortse, BNP Paribas Jersey Trust Corporation Ltd and Appleby Trust (Mauritius) Ltd -v- Cristiana Crociani, A and B [2014] JCA 095 (17 April 2014)

Edoardo Crociani, Paul Foortse, BNP Paribas Jersey Trust Corporation Ltd and Appleby Trust (Mauritius) Ltd -v- Cristiana Crociani, A and B [2014] JCA 095 (17 April 2014)

The Court of Appeal has power under Article 16 of the Court of Appeal (Jersey) Law 1961 to make an interim costs order, and justice requires that a successful party should normally receive a payment on account. In this case, a cautious approach to quantum is warranted, and an interim payment of £60,000 is ordered.

Citation
[2014] JCA 095
Parties
Appellant: Edoarda Crociani; Appellant: Paul Foortse; Appellant: BNP Paribas Jersey Trust Corporation Limited; Appellant: Appleby Trust (Mauritius) Limited; Respondent: Cristiana Crociani; Respondent: A (by her Guardian ad Litem, Nicolas Delrieu); Respondent: B (by her Guardian ad Litem, Nicolas Delrieu)
Jurisdiction
Jersey
Judgment Date
17 April 2014
Procedural Posture
Application for Interim Costs Order / Post Appeal Determination
Outcome
application granted
Legal Topics
Interim Costs Orders, Court Discretion, Payment on Account, Forum Non Conveniens
Civil Procedure Trusts Interim Costs Orders Court Discretion Payment on Account Forum Non Conveniens

Case Brief

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Parties

Edoarda Crociani

Appellant

Paul Foortse

Appellant

BNP Paribas Jersey Trust Corporation Limited

Appellant

Appleby Trust (Mauritius) Limited

Appellant

Cristiana Crociani

Respondent

A (by her Guardian ad Litem, Nicolas Delrieu)

Respondent

B (by her Guardian ad Litem, Nicolas Delrieu)

Respondent

Procedural Posture

Application for Interim Costs Order / Post Appeal Determination

Legal Issues

  1. 1 Does the Court of Appeal have power to make an interim costs order?
  2. 2 Should an interim costs order be made in this case?
  3. 3 What quantum is appropriate for an interim costs order?

Ratio Decidendi

The Court of Appeal has power under Article 16 of the Court of Appeal (Jersey) Law 1961 to make an interim costs order, and justice requires that a successful party should normally receive a payment on account. In this case, a cautious approach to quantum is warranted, and an interim payment of £60,000 is ordered.

Court Disposition

application granted

Orders

  • Appellants to pay Respondents £60,000 within 28 days by way of interim payment on account of costs, to be assessed on the standard basis.
  • Costs incurred in connection with applications for leave to appeal heard in May 2013 to be resolved in anti-suit proceedings, with provision for further application if necessary.