Cristiana Crociani and A and B -v- Edoardo Crociani and Paul Foortse and BNP Paribas Jersey Trust Corporation Ltd and Appleby Trust (Mauritius) Ltd [2013] JRC 250 (10 December 2013)

Cristiana Crociani and A and B -v- Edoardo Crociani and Paul Foortse and BNP Paribas Jersey Trust Corporation Ltd and Appleby Trust (Mauritius) Ltd [2013] JRC 250 (10 December 2013)

The defendants' conduct in challenging the forum and prosecuting the Mauritius proceedings, while unsuccessful and involving a change of legal strategy, did not amount to conduct out of the norm or an abuse of process justifying indemnity costs. The plaintiffs are entitled to their costs on the standard basis for the forum challenge and related hearings. An interim payment of half the taxed costs is appropriate, as the sum is one the plaintiffs would almost certainly recover on taxation.

Citation
[2013] JRC 250
Parties
Plaintiff: Plaintiffs; Defendant: Defendants
Jurisdiction
Jersey
Judgment Date
10 December 2013
Procedural Posture
Civil / Post Forum Challenge, Costs Determination
Outcome
Plaintiffs awarded costs on the standard basis; interim payment ordered.
Legal Topics
Costs, Forum Challenge, Indemnity Costs, Interim Payment, Trust Litigation
Civil Procedure Trusts and Estates Costs Forum Challenge Indemnity Costs Interim Payment Trust Litigation

Case Brief

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Parties

Plaintiffs

Plaintiff

Defendants

Defendant

Procedural Posture

Civil / Post Forum Challenge, Costs Determination

Legal Issues

  1. 1 Whether plaintiffs are entitled to indemnity costs arising from defendants' unsuccessful forum challenge
  2. 2 Whether an interim payment of costs should be ordered and in what amount

Ratio Decidendi

The defendants' conduct in challenging the forum and prosecuting the Mauritius proceedings, while unsuccessful and involving a change of legal strategy, did not amount to conduct out of the norm or an abuse of process justifying indemnity costs. The plaintiffs are entitled to their costs on the standard basis for the forum challenge and related hearings. An interim payment of half the taxed costs is appropriate, as the sum is one the plaintiffs would almost certainly recover on taxation.

Court Disposition

Plaintiffs awarded costs on the standard basis; interim payment ordered.

Orders

  • Plaintiffs awarded costs on the standard basis for the forum challenge and related hearings.
  • Defendants awarded costs on the standard basis for the costs hearing.