Crociani -v- Crociani [2016] JRC 026 (28 January 2016)

Crociani -v- Crociani [2016] JRC 026 (28 January 2016)

The plaintiffs are entitled to a schedule of mistaken dispositions and a summary of the US and Italian tax advice received by the first defendant prior to establishing the Grand Trust, as these are necessary for the plaintiffs to know the case they have to meet. However, the plaintiffs' request for full details and documentation amounted to a request for evidence and went too far. The defendants must also provide a schedule of relevant tax requirements, including statutory provisions, at the time witness statements are exchanged.

Citation
[2016] JRC 026
Parties
Plaintiff: Plaintiffs; Defendant: First Defendant; Defendant: Second Defendant; Defendant: Fourth Defendant
Jurisdiction
Jersey
Judgment Date
28 January 2016
Procedural Posture
Application for Further and Better Particulars / Interlocutory Directions Hearing
Outcome
Application granted in part
Legal Topics
Requests for Further and Better Particulars, Pleadings, Discovery, Tax Advice Relevance, Mediation Directions
Civil Procedure Trusts Family Law Requests for Further and Better Particulars Pleadings Discovery Tax Advice Relevance Mediation Directions

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Parties

Plaintiffs

Plaintiff

First Defendant

Defendant

Second Defendant

Defendant

Fourth Defendant

Defendant

Procedural Posture

Application for Further and Better Particulars / Interlocutory Directions Hearing

Legal Issues

  1. 1 Whether the plaintiffs are entitled to further and better particulars of the first, second and fourth defendants' amended answer and counterclaim, specifically regarding tax advice and mistaken dispositions.
  2. 2 Whether the defendants must provide a schedule of mistaken dispositions and a summary of US and Italian tax advice.

Ratio Decidendi

The plaintiffs are entitled to a schedule of mistaken dispositions and a summary of the US and Italian tax advice received by the first defendant prior to establishing the Grand Trust, as these are necessary for the plaintiffs to know the case they have to meet. However, the plaintiffs' request for full details and documentation amounted to a request for evidence and went too far. The defendants must also provide a schedule of relevant tax requirements, including statutory provisions, at the time witness statements are exchanged.

Court Disposition

Application granted in part

Orders

  • First, second and fourth defendants to provide a schedule of mistaken dispositions by 15 February 2016.
  • First, second and fourth defendants to pay plaintiffs' costs on the standard basis up to 15 January 2016 for the first request, to be summarily assessed.