Geneva Trust v Tchenguiz (Royal Court : Hearing (Civil)) [2025] JRC 046 (17 February 2025)
It would not be consistent with the Overriding Objective to order a preliminary issue at this stage because it would not likely save costs or time, would not dispose of the entire case, would require evidence, and risks delaying the main trial.
- Citation
- [2025] JRC 046
- Parties
- Plaintiff: R&H; Defendant: RT
- Jurisdiction
- Jersey
- Judgment Date
- 17 February 2025
- Procedural Posture
- Civil / Interlocutory Application for Preliminary Issue Prior to Main Trial
- Outcome
- Application for preliminary issue dismissed
- Legal Topics
- Preliminary Issues, Interpretation of Consent Orders, Trustee Indemnity, Settlement of Claims
Case Brief
Summary, issues, holding and outcome
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Parties
R&H
Plaintiff
RT
Defendant
Procedural Posture
Civil / Interlocutory Application for Preliminary Issue Prior to Main Trial
Legal Issues
- 1 Whether a preliminary issue should be ordered regarding the effect of the Guernsey Consent Order
- 2 Whether the Consent Order precludes further claims under the Indemnity
Ratio Decidendi
It would not be consistent with the Overriding Objective to order a preliminary issue at this stage because it would not likely save costs or time, would not dispose of the entire case, would require evidence, and risks delaying the main trial.
Court Disposition
Application for preliminary issue dismissed
Orders
- The Defendant's application for a preliminary issue is dismissed. All issues, including the effect of the Consent Order, will be dealt with at the main trial commencing 10 March 2025.
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