Cunningham -v- Cunningham [2009] JRC 124 (23 June 2009)

Cunningham -v- Cunningham [2009] JRC 124 (23 June 2009)

Leave to amend is granted for claims against Meridian as party cited, additional claims against CI Law and Sovereign International, and for the limited claim that Sovereign Gibraltar may be a trustee de son tort if Sovereign International's appointment is void. Leave to amend to allege dishonest assistance is adjourned pending proper particularisation. The claim that Sovereign Gibraltar is a trustee de son tort even if Sovereign International was validly appointed is refused.

Citation
[2009] JRC 124
Parties
Plaintiff: Plaintiff (elder brother); First Defendant: First Defendant (younger brother); Third Defendant: CI Law; Second Defendant: Sovereign International; Proposed Fourth Defendant: Sovereign Trust (Gibraltar) Limited; Proposed Fifth Defendant: Mr John Lyndon Hodgson; Party Cited: Meridian Trustees Limited
Jurisdiction
Jersey
Judgment Date
23 June 2009
Procedural Posture
Civil / Interlocutory Application for Leave to Amend Pleadings and Join Additional Parties
Outcome
Application granted in part, refused in part, and adjourned in part.
Legal Topics
Amendment of Pleadings, Joinder of Parties, Trustee De Son Tort, Dishonest Assistance, Breach of Trust
Trusts Civil Procedure Amendment of Pleadings Joinder of Parties Trustee De Son Tort Dishonest Assistance Breach of Trust

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Parties

Plaintiff (elder brother)

Plaintiff

First Defendant (younger brother)

First Defendant

CI Law

Third Defendant

Sovereign International

Second Defendant

Sovereign Trust (Gibraltar) Limited

Proposed Fourth Defendant

Mr John Lyndon Hodgson

Proposed Fifth Defendant

Meridian Trustees Limited

Party Cited

Procedural Posture

Civil / Interlocutory Application for Leave to Amend Pleadings and Join Additional Parties

Legal Issues

  1. 1 Whether leave should be granted to amend the order of justice to add new claims and parties
  2. 2 Whether Sovereign Gibraltar can be joined as a trustee de son tort
  3. 3 Whether a claim for dishonest assistance is properly pleaded

Ratio Decidendi

Leave to amend is granted for claims against Meridian as party cited, additional claims against CI Law and Sovereign International, and for the limited claim that Sovereign Gibraltar may be a trustee de son tort if Sovereign International's appointment is void. Leave to amend to allege dishonest assistance is adjourned pending proper particularisation. The claim that Sovereign Gibraltar is a trustee de son tort even if Sovereign International was validly appointed is refused.

Court Disposition

Application granted in part, refused in part, and adjourned in part.

Orders

  • Leave granted to amend the order of justice to add Meridian as party cited, additional claims against CI Law and Sovereign International, and to join Sovereign Gibraltar as fourth defendant on a limited basis.
  • Leave refused to allege Sovereign Gibraltar is a trustee de son tort if Sovereign International was validly appointed.