Societa Finanziaria Industrie Turistiche SpA v Manfredi Lefebvre D'Ovidio De Clunieres Di Balsorano & Anor

Societa Finanziaria Industrie Turistiche SpA v Manfredi Lefebvre D'Ovidio De Clunieres Di Balsorano & Anor

The fees of Italian lawyers must be assessed according to the Italian tariff (Table D of Chapter III of Ministerial Decree No 127 dated 8 April 2004) as explained by the expert Mr Danovi. The value of the claim for tariff purposes is €60,000,000. Fees claimed for work by Lefco Limited are not recoverable as a matter of principle, as they fall within the prohibition on recovery of costs for work done by a litigant's own employees or entities under their control.

Parties
Claimant: Societa Finanziaria Industrie Turistiche SpA; First Defendant: Manfredi Lefebvre D’Ovidio De Clunieres Di Balsorano; Second Defendant: Antonio Lefebvre D’Ovidio De Clunieres Di Balsorano
Jurisdiction
England and Wales
Judgment Date
30 June 2006
Procedural Posture
Costs Assessment / Preliminary Issues Determination
Outcome
Preliminary issues determined; guidance given for detailed assessment.
Legal Topics
Assessment of Foreign Lawyers' Fees, Application of Foreign Law in Costs, Recoverability of Costs for in House/expert Work, Proportionality and Reasonableness in Costs Assessment
Civil Procedure Costs Assessment of Foreign Lawyers' Fees Application of Foreign Law in Costs Recoverability of Costs for in House/expert Work Proportionality and Reasonableness in Costs Assessment

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Parties

Societa Finanziaria Industrie Turistiche SpA

Claimant

Manfredi Lefebvre D’Ovidio De Clunieres Di Balsorano

First Defendant

Antonio Lefebvre D’Ovidio De Clunieres Di Balsorano

Second Defendant

Procedural Posture

Costs Assessment / Preliminary Issues Determination

Legal Issues

  1. 1 Whether Italian law governs the assessment of Italian lawyers' fees in English costs proceedings
  2. 2 Which Italian tariff applies to the assessment of the fees
  3. 3 Whether fees for work by Lefco Limited are recoverable as costs

Ratio Decidendi

The fees of Italian lawyers must be assessed according to the Italian tariff (Table D of Chapter III of Ministerial Decree No 127 dated 8 April 2004) as explained by the expert Mr Danovi. The value of the claim for tariff purposes is €60,000,000. Fees claimed for work by Lefco Limited are not recoverable as a matter of principle, as they fall within the prohibition on recovery of costs for work done by a litigant's own employees or entities under their control.

Court Disposition

Preliminary issues determined; guidance given for detailed assessment.

Orders

  • Italian lawyers’ fees to be assessed according to Italian tariff (Table D, Chapter III, Ministerial Decree No 127/2004) as explained by Mr Danovi.
  • Value of claim for tariff purposes is €60,000,000.