Crociani -v- Crociani [2016] JRC 143 (23 August 2016)

Crociani -v- Crociani [2016] JRC 143 (23 August 2016)

Privilege and disclosure are governed by Jersey law as the forum court; privilege cannot be asserted by a trustee against beneficiaries for documents recording and explaining trustee deliberations when reasons for retirement and appointment are given. Communications solely between a party and its own legal adviser remain privileged. The fourth defendant must disclose relevant documents and file an affidavit explaining all circumstances leading to its retirement as trustee, including specified details.

Citation
[2016] JRC 143
Parties
Applicant: Plaintiffs; Respondent: First Defendant; Respondent: Second Defendant; Respondent: Fourth Defendant; Respondent: Eighth Defendant
Jurisdiction
Jersey
Judgment Date
23 August 2016
Procedural Posture
Trust Litigation / Interlocutory Application for Discovery and Compliance With Prior Orders
Outcome
Application granted in part
Legal Topics
Trustee Retirement, Appointment of New Trustee, Disclosure and Privilege, Jurisdictional Disputes, Fiduciary Duties
Trusts Civil Procedure Private International Law Trustee Retirement Appointment of New Trustee Disclosure and Privilege Jurisdictional Disputes Fiduciary Duties

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Parties

Plaintiffs

Applicant

First Defendant

Respondent

Second Defendant

Respondent

Fourth Defendant

Respondent

Eighth Defendant

Respondent

Procedural Posture

Trust Litigation / Interlocutory Application for Discovery and Compliance With Prior Orders

Legal Issues

  1. 1 Whether the fourth defendant must disclose documents and file affidavits explaining its retirement as trustee
  2. 2 Whether privilege can be asserted over communications between trustees, beneficiaries, and their advisers
  3. 3 Whether Jersey or Mauritian law governs privilege and disclosure

Ratio Decidendi

Privilege and disclosure are governed by Jersey law as the forum court; privilege cannot be asserted by a trustee against beneficiaries for documents recording and explaining trustee deliberations when reasons for retirement and appointment are given. Communications solely between a party and its own legal adviser remain privileged. The fourth defendant must disclose relevant documents and file an affidavit explaining all circumstances leading to its retirement as trustee, including specified details.

Court Disposition

Application granted in part

Orders

  • Fourth defendant must file an affidavit explaining all circumstances leading to its retirement, including specified details.
  • First, second, fourth, and eighth defendants must disclose all relevant documents except communications solely between a party and its own legal adviser.