Crociani -v- Crociani [2016] JRC 112 (01 July 2016)

Crociani -v- Crociani [2016] JRC 112 (01 July 2016)

The extension of time was granted due to the complexities arising from the change in legal representation and the volume of documentation, but serious sanctions were imposed for any further non-compliance, including debarring reliance on exculpation clauses and relief from liability for defaulting defendants, and indemnity costs were awarded against the applicants.

Citation
[2016] JRC 112
Parties
Defendant: First Defendant; Defendant: Second Defendant; Defendant: Fourth Defendant; Defendant: Fifth Defendant; Plaintiff: Plaintiffs; Defendant: Third Defendant; Defendant: Seventh Defendant; Defendant: Eighth Defendant
Jurisdiction
Jersey
Judgment Date
01 July 2016
Procedural Posture
Civil / Interlocutory Application for Extension of Time and Sanctions
Outcome
Extension of time granted with sanctions and costs order.
Legal Topics
Extension of Time, Witness Statements, Sanctions for Non Compliance, Costs Orders, Trustee Liability
Civil Procedure Trusts Extension of Time Witness Statements Sanctions for Non Compliance Costs Orders Trustee Liability

Case Brief

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Parties

First Defendant

Defendant

Second Defendant

Defendant

Fourth Defendant

Defendant

Fifth Defendant

Defendant

Plaintiffs

Plaintiff

Third Defendant

Defendant

Seventh Defendant

Defendant

Eighth Defendant

Defendant

Procedural Posture

Civil / Interlocutory Application for Extension of Time and Sanctions

Legal Issues

  1. 1 Whether an extension of time should be granted for the provision of witness statements
  2. 2 What sanctions are appropriate for failure to comply with court-ordered deadlines
  3. 3 Whether defendants should be debarred from relying on exculpation clauses or giving evidence if in default

Ratio Decidendi

The extension of time was granted due to the complexities arising from the change in legal representation and the volume of documentation, but serious sanctions were imposed for any further non-compliance, including debarring reliance on exculpation clauses and relief from liability for defaulting defendants, and indemnity costs were awarded against the applicants.

Court Disposition

Extension of time granted with sanctions and costs order.

Orders

  • Extension of 14 days granted for first, second, and fourth defendants to provide witness statements.
  • If first, second, or fourth defendants fail to provide their own witness statements, they are debarred from relying on exculpation clauses or seeking relief from liability as pleaded in paragraph 153 of their amended answer.