Camilla de Bourbon des Deux Siciles v BNP Paribas Jersey Trust Corporation Ltd

JurisdictionJersey
CourtCourt of Appeal
JudgeAnderson JA,Crow JA,Perry JA
Judgment Date08 June 2021
Neutral Citation[2021] JCA 163

[2021] JCA 163

COURT OF APPEAL

Before:

Jonathan Crow, Q.C.,

Lord Anderson of Ipswich KBE Q.C., and

David Perry, Q.C.

Between
Camilla de Bourbon des Deux Siciles
Appellant
and
BNP Paribas Jersey Trust Corporation Limited
Respondent

Advocate H. B. Mistry for the Appellant.

Advocate W. A. F. Redgrave for the Respondent.

Authorities

BNP Paribas Jersey Trust Corporation v Camilla de Bourbon des Deux Siciles [2020] JRC 267.

Siciles C de Bourbon des Deux v BNP Paribas Jersey Trust [2020] JCA 017.

Crociani v Crociani [2017] JRC 146.

BNP Paribas v Crociani [2018] JCA 136A.

Crociani v Crociani and Ors [2018] JRC 230C

BNP Paribas Jersey Trust Corporation v Siciles C. de Bourbon des Deux [2019] JRC 199

Siciles C de Bourbon des Deux v BNP Paribas Jersey Trust [2020] JCA 017

BNP Paribas Jersey Trust Corporation Ltd v Siciles C. de Bourbon des Deux [2020] JRC 195.

Siciles C. de Bourbon des Deux v BNP Paribas Jersey Trust Corporation Limited [2021] JCA 043

Royal Courts (Jersey) Law 1948.

In the matter of YY [2021] JRC 030.

Human Rights (Jersey) Law 2000

Gestur Jonsson and Ragnar Halldor Hall v Iceland (Applications 68273/14 and 68271/14)

Porter v Magill [2002] 2 AC 357

Barette v AG [2006] JCA 128.

Stubbs v The Queen [2018] UKPC 30.

Bisson v Minister for Infrastructure [2019] JCA 181

Dobbs v Triodos Bank NV [2005] EWCA Civ 468.

Hanif and Khan v UK (Applications 52999/08 and 61779/08).

Snooks and Dowse v UK [2002] JLR 475.

Le Boutillier v Minister for Planning and Environment [2012] JRC 095.

Locabail (UK) Ltd. v Bayfield Properties Ltd. [1999] EWCA 3004

Reg's Skips Limited v Yates and Yates [2008] JLR 191

Thomas v Kvaerner Govan Ltd. [2004] SC(HL) 1

MCC Proceeds Inc. v Bishopsgate Investment Trust plc [1999] CLC.

Durant International Corporation and Kildare Finance Limited v Federal Republic of Brazil and Municipality of São Paulo [2013] (1) JLR 273.

The Law of Contempt (4th edn., 2010)

1995 Ready Mixed Concrete case in the UK Restrictive Practices Court, cited at [77]

Caversham Trustees Limited v S. Patel and others [2007] JLR Note 60

Royal Court Rules 2004

Mr A v V Trustees Limited [2021] JCA 042

Official Solicitor v Clore and others [1983] JJ 43

Morgan v Carmarthen Corporation [1957] Ch 455

Civil Proceedings (Jersey) Law 1956

Court of Appeal — re Contempt of Court.

Anderson JA
1

This is an appeal against orders made by the Royal Court on 22 December 2020 imposing sanctions on the Appellant for contempt of court. The Royal Court (Commissioner Clyde-Smith and Jurats Blampied and Ronge) set out its reasons for those orders in an accompanying judgment ( BNP Paribas Jersey Trust Corporation v Camilla de Bourbon des Deux Siciles [2020] JRC 267: “the Sanctions Judgment”). An earlier judgment of the Royal Court finding the Appellant in contempt of court ( [2019] JRC 199: “the Contempt Judgment”) had already been unsuccessfully appealed to the Court of Appeal ( [2020] JCA 017: “the Contempt Appeal Judgment”).

Background
2

The main elements of the background to this litigation are uncontroversially set out in the Sanctions Judgment at [2]. We briefly summarise here the principal developments since 2017.

3

In a judgment given after a lengthy trial on 11 September 2017 (“the Substantive Judgment”), the Royal Court (Commissioner Clyde-Smith and Jurats Blampied and Ronge) held that the Appellant's mother, Madame Crociani, and the Respondent to this appeal (“BNP”) had acted in breach of trust in 2010: Crociani v Crociani [2017] JRC 146. They were ordered jointly to reconstitute the trust, and Madame Crociani was ordered to indemnify BNP. At the same time, the court continued a world-wide freezing order against Madame Crociani which had been first granted on 4 August 2016. The Substantive Judgment was appealed unsuccessfully: BNP Paribas v Crociani [2018] JCA 136A.

4

BNP is said in the Sanctions Judgment [88] to have paid out some $115 million in compensation and more in costs, in satisfying the orders made against it and Madame Crociani jointly under the Substantive Judgment. Madame Crociani has paid nothing to BNP under the indemnity, save for a sum of less than £40,000 which we were informed was recovered from a bank account with BNP.

5

On 14 December 2018, the Royal Court (Commissioner Clyde-Smith and Jurats Crill and Thomas) made an order (“the December 2018 Disclosure Order”) requiring the Appellant to inform BNP's Advocate in writing of her knowledge of assets held by or on behalf of Madame Crociani since 6 July 2015: Crociani v Crociani and Ors [2018] JRC 230C.

6

On 6 February 2019 the Appellant was ordered to pay £4,000 to BNP on account of costs by 20 February. That sum was not paid. On 21 February 2019 the Appellant was ordered to pay a further sum of £7,000 to BNP on account of costs by 7 March 2019. That sum was not paid.

7

In the Contempt Judgment given on 7 October 2019, the Royal Court (Commissioner Clyde-Smith and Jurats Blampied and Ronge) found that the Appellant was in contempt of court in having failed to comply with the December 2018 Disclosure Order ( BNP Paribas Jersey Trust Corporation v de Bourbon des Deux Siciles [2019] JRC 199). The Appellant appealed against that finding, and the appeal was listed to be heard in January 2020. Before the hearing of that appeal, BNP's legal representatives wrote to the court on 25 November 2019 applying for an order debarring the Appellant from pursuing the appeal unless she complied with the costs orders which had been made in February 2019. Only after that application had been made did the Appellant pay the February 2019 costs orders, some nine months late. In the event, the Contempt Judgment was upheld in the Contempt Appeal Judgment: Siciles C de Bourbon des Deux v BNP Paribas Jersey Trust [2020] JCA 017.

8

On 25 February 2020, the Royal Court (Commissioner Clyde-Smith and Jurats Blampied and Ronge) gave the Appellant a further 49 days to comply on affidavit with the order of 14 December 2018. The court also made further disclosure orders against her. Time for compliance was subsequently further extended to 10 May 2020.

9

The Appellant produced a seventh affidavit on 11 May 2020. It was sworn on 1 July 2020.

10

On 28 September 2020, the Royal Court (Commissioner Clyde-Smith sitting alone) gave BNP permission to cross-examine the Appellant on her seventh affidavit in order to determine whether she had complied with the orders made on 14 December 2018 and 25 February 2020 and thereby purged her contempt: [2020] JRC 195. The hearing took place on 12 and 13 November 2020.

11

On 22 December 2020, for the reasons set out in the Sanctions Judgment from which this appeal is brought the Royal Court (Commissioner Clyde-Smith and Jurats Blampied and Ramsden) found that the Appellant had not purged her contempt and ordered:

“1. that [the Appellant] shall pay a fine in the sum of two million pounds (£2,000,000);

2. that the said fine shall be paid within two months of the date hereof, and in default of payment [the Appellant] shall serve a term in prison of twelve (12) months; and

3. by way of a punitive costs order, that [the Appellant] indemnifies [BNP] for all of its costs of and incidental to these contempt proceedings from after the 25th February 2020 hearing to the date hereof; the amount of such costs to be agreed and if not agreed to be certified by the Judicial Greffier.”

The Court further ordered the Appellant to make a payment on account of £100,000 in respect of costs within 21 days (i.e. by 12 January 2021).

12

On the due date for payment of the £100,000 in respect of costs, the Appellant issued a Summons in the Royal Court for a stay, alternatively for an extension of time in which to pay. That application was due to be heard on 24 February 2021, but was subsequently withdrawn and the payment of £100,000 to BNP in respect of costs was made.

13

On 19 January 2021, the Appellant issued a Notice of Appeal asking this court (i) to quash the Royal Court's decision and “consequential orders” of 22 December 2020, (ii) to direct a fresh trial of the question whether the Appellant had purged her contempt, to be heard before a court not consisting of judges or jurats who had been party to the Substantive Judgment, the Contempt Judgment or the Sanctions Judgment, (iii) to grant a stay of the orders made by the Royal Court for the payment of the fine, the payment of costs, and the payment on account, and (iv) to award the costs of the appeal against BNP.

14

The application in the Notice of Appeal for a stay of orders made by the Royal Court was dismissed by the same composition of the Court of Appeal as sat on the present appeal, after an exchange of written submissions, in a judgment given on 15 February 2021 ( Siciles C. de Bourbon des Deux v BNP Paribas Jersey Trust Corporation Limited [2021] JCA 043). As we stated in that judgment, we did not consider it necessary at that stage to form a provisional view on the merits of this appeal.

Grounds of appeal
15

The Appellant's Notice of Appeal lists seven grounds of appeal: (1) the Royal Court reached conclusions of fact in breach of Article 15 of the Royal Court (Jersey) Law 1948, in that the Commissioner participated in making those findings; (2) the Appellant was denied a fair hearing before an independent and impartial tribunal, in that Jurat Blampied had made numerous findings of fact adverse to the Appellant in earlier judgments, which findings were repeated and interpreted in the Sanctions Judgment; (3) the Royal Court erred as to the basis on which it found that the Appellant had not purged her contempt; (4) having rightly accepted that the burden was on BNP to prove that the contempt had not been purged, the Royal Court failed to apply that burden correctly; (5) the Commissioner erred in failing to direct the jurats that it did not follow from the fact...

To continue reading

Request your trial

VLEX uses login cookies to provide you with a better browsing experience. If you click on 'Accept' or continue browsing this site we consider that you accept our cookie policy. ACCEPT