Pescatore v Valentino & Ors [2021] EWHC 1953 (Ch) (15 July 2021)

Pescatore v Valentino & Ors [2021] EWHC 1953 (Ch) (15 July 2021)

The English court refused to grant an interim anti-suit injunction because the Italian court had not yet determined its own jurisdiction, the Italian proceedings were not shown to be vexatious or oppressive at this stage, and considerations of comity and the absence of a final decision on jurisdiction in Italy required caution. The English court is the natural forum for the administration of the English estate, but the Italian proceedings relate in part to Italian assets and compulsory inheritance rights under Italian law. The balance of justice did not require an injunction at this interim stage.

Citation
[2021] EWHC 1953 (Ch)
Parties
Claimant/applicant: Enkhtsetseg Pescatore; First Defendant/respondent: Maria Valentino; Second Defendant/respondent: Alfonso Pescatore; Third Defendant/respondent: Giuseppe Sandullo
Jurisdiction
England and Wales
Judgment Date
15 July 2021
Procedural Posture
Interim Application for Anti Suit Injunction in Probate Proceedings / Application for Interim Relief Pending Substantive Determination
Outcome
Interim anti-suit injunction refused
Legal Topics
Anti Suit Injunctions, Jurisdiction in Cross Border Succession, Administration of Estates, Forum Non Conveniens, Judicial Comity
Private International Law Succession Law Civil Procedure Anti Suit Injunctions Jurisdiction in Cross Border Succession Administration of Estates Forum Non Conveniens Judicial Comity

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Parties

Enkhtsetseg Pescatore

Claimant/applicant

Maria Valentino

First Defendant/respondent

Alfonso Pescatore

Second Defendant/respondent

Giuseppe Sandullo

Third Defendant/respondent

Procedural Posture

Interim Application for Anti Suit Injunction in Probate Proceedings / Application for Interim Relief Pending Substantive Determination

Legal Issues

  1. 1 Whether the English court should grant an interim anti-suit injunction restraining the First and Second Defendants from pursuing Italian proceedings concerning the deceased's estate
  2. 2 Whether the Italian proceedings are vexatious or oppressive or interfere with the due process of the English court
  3. 3 Whether England is the natural forum for the administration of the deceased's estate

Ratio Decidendi

The English court refused to grant an interim anti-suit injunction because the Italian court had not yet determined its own jurisdiction, the Italian proceedings were not shown to be vexatious or oppressive at this stage, and considerations of comity and the absence of a final decision on jurisdiction in Italy required caution. The English court is the natural forum for the administration of the English estate, but the Italian proceedings relate in part to Italian assets and compulsory inheritance rights under Italian law. The balance of justice did not require an injunction at this interim stage.

Court Disposition

Interim anti-suit injunction refused

Orders

  • Application for interim anti-suit injunction dismissed
  • No order as to costs at this stage