Crociani -v- Crociani [2013] JRC 080 (19 April 2013)

Crociani -v- Crociani [2013] JRC 080 (19 April 2013)

The defendants are required to file a full answer before the forum challenge hearing to avoid undue delay and prejudice to the plaintiffs, despite the pending application for a stay on forum non conveniens grounds. Sequential filing of evidence is ordered, and the hearing date is vacated to allow fair preparation.

Citation
[2013] JRC 080
Parties
Applicant: Plaintiffs; Respondent: Defendants
Jurisdiction
Jersey
Judgment Date
19 April 2013
Procedural Posture
Trust Litigation / Case Management Directions
Outcome
case management orders issued
Legal Topics
Forum Non Conveniens, Case Management, Jurisdiction, Trustee Appointment, Equitable Compensation
Trust Law Civil Procedure Forum Non Conveniens Case Management Jurisdiction Trustee Appointment Equitable Compensation

Case Brief

Summary, issues, holding and outcome

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Parties

Plaintiffs

Applicant

Defendants

Respondent

Procedural Posture

Trust Litigation / Case Management Directions

Legal Issues

  1. 1 Whether defendants must file an answer before determination of forum non conveniens application
  2. 2 Appropriate forum for trust dispute
  3. 3 Sequential vs mutual exchange of evidence

Ratio Decidendi

The defendants are required to file a full answer before the forum challenge hearing to avoid undue delay and prejudice to the plaintiffs, despite the pending application for a stay on forum non conveniens grounds. Sequential filing of evidence is ordered, and the hearing date is vacated to allow fair preparation.

Court Disposition

case management orders issued

Orders

  • Leave granted to defendants to amend summons dated 8 March 2013.
  • 29 May 2013 hearing date vacated.