Crociani -v- Crociani [2016] JRC 030 (02 February 2016)

Crociani -v- Crociani [2016] JRC 030 (02 February 2016)

It is arguable that the third defendant is entitled to be indemnified under the Fortunate Trust Indemnity, as the relief sought by the plaintiffs affects the Fortunate Trust and may give rise to liability directly in respect of the Fortunate Trust. The Master erred in concluding otherwise, and leave should be granted for the third party claim.

Citation
[2016] JRC 030
Parties
Appellant: Third Defendant; Respondent: First Defendant; Claimant: Plaintiffs; Defendant: Second Defendant; Defendant: Fourth Defendant; Defendant: Fifth Defendant; Defendant: Seventh Defendant
Jurisdiction
Jersey
Judgment Date
02 February 2016
Procedural Posture
Appeal / Appeal Against Master's Refusal to Grant Leave for Third Party Claim
Outcome
appeal allowed
Legal Topics
Third Party Claims, Indemnity Clauses, Trustee Liability, Pleadings Amendment
Trust Law Civil Procedure Third Party Claims Indemnity Clauses Trustee Liability Pleadings Amendment

Case Brief

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Parties

Third Defendant

Appellant

First Defendant

Respondent

Plaintiffs

Claimant

Second Defendant

Defendant

Fourth Defendant

Defendant

Fifth Defendant

Defendant

Seventh Defendant

Defendant

Procedural Posture

Appeal / Appeal Against Master's Refusal to Grant Leave for Third Party Claim

Legal Issues

  1. 1 Whether the third defendant can bring a third party claim against the first defendant under the indemnity clause in the 2011 Revocation
  2. 2 Whether the claim discloses a prima facie case for indemnity
  3. 3 Proper construction of the Fortunate Trust Indemnity

Ratio Decidendi

It is arguable that the third defendant is entitled to be indemnified under the Fortunate Trust Indemnity, as the relief sought by the plaintiffs affects the Fortunate Trust and may give rise to liability directly in respect of the Fortunate Trust. The Master erred in concluding otherwise, and leave should be granted for the third party claim.

Court Disposition

appeal allowed

Orders

  • Paragraph 2 of the Act of Court of 15th October, 2015, refusing leave, is set aside.
  • Leave granted to the third defendant to issue a third party notice on the basis of clause 3 of the 2011 Revocation.