Crociani v Crociani and Others [2018] JRC 157 (29 August 2018)

Crociani v Crociani and Others [2018] JRC 157 (29 August 2018)

The Court refused to stay proceedings, allowed expert evidence on Luxembourg and Swiss law, denied real estate valuation and tax evidence, permitted litigation funding evidence, restricted further affidavit evidence, maintained confidentiality orders, and fixed trial dates for 10 days. The plaintiffs are entitled to pursue their pleaded case pending further expert evidence and assessment of appeal outcomes.

Citation
[2018] JRC 157
Parties
Plaintiff: First Plaintiff; Defendant: Fourth Defendant; Defendant: Fifth Defendant; Defendant: First Defendant
Jurisdiction
Jersey
Judgment Date
29 August 2018
Procedural Posture
Trust Litigation / Post Judgment Directions and Inquiry
Outcome
Directions issued for inquiry; applications for stay, real estate valuation, tax evidence, and certain affidavits refused; expert evidence on Luxembourg and Swiss law, litigation funding, and supplementary accounting reports permitted; confidentiality orders maintained; trial dates fixed.
Legal Topics
Breach of Trust, Compensation Inquiry, Case Management, Expert Evidence, Confidentiality Orders
Trusts Equity Civil Procedure Breach of Trust Compensation Inquiry Case Management Expert Evidence Confidentiality Orders

Case Brief

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Parties

First Plaintiff

Plaintiff

Fourth Defendant

Defendant

Fifth Defendant

Defendant

First Defendant

Defendant

Procedural Posture

Trust Litigation / Post Judgment Directions and Inquiry

Legal Issues

  1. 1 Whether to grant a stay for mediation
  2. 2 Scope of amendments to pleadings
  3. 3 Admissibility of expert evidence on Luxembourg and Swiss law

Ratio Decidendi

The Court refused to stay proceedings, allowed expert evidence on Luxembourg and Swiss law, denied real estate valuation and tax evidence, permitted litigation funding evidence, restricted further affidavit evidence, maintained confidentiality orders, and fixed trial dates for 10 days. The plaintiffs are entitled to pursue their pleaded case pending further expert evidence and assessment of appeal outcomes.

Court Disposition

Directions issued for inquiry; applications for stay, real estate valuation, tax evidence, and certain affidavits refused; expert evidence on Luxembourg and Swiss law, litigation funding, and supplementary accounting reports permitted; confidentiality orders maintained; trial dates fixed.

Orders

  • No stay granted; parties encouraged to negotiate.
  • No amendment to plaintiffs' pleadings required at this stage.