DIRK VINCENT VAN HECK v GIAMBRONE & PARTNERS STUDIO LEGALE ASSOCIATO

DIRK VINCENT VAN HECK v GIAMBRONE & PARTNERS STUDIO LEGALE ASSOCIATO

The critical question is whether the proceedings in the court first seised (Palermo) had been finally determined in relation to jurisdiction. Based on expert evidence, the time limit for appeal was 30 days, which had expired, and the Italian court issued a certificate of res judicata. Therefore, there was a final determination, no lis alibi pendens, and the English proceedings should not be stayed.

Parties
Claimant/respondent: Dirk Vincent Van Heck; Defendant/appellant: Giambrone & Partners Studio Legale Associato
Jurisdiction
England and Wales
Judgment Date
12 May 2022
Procedural Posture
Civil Appeal / Appeal Judgment
Outcome
Appeal dismissed
Legal Topics
Lis Alibi Pendens, Jurisdiction, EU Regulation 1215/2012 (brussels I Recast), Finality of Foreign Judgments
Civil Procedure Private International Law Lis Alibi Pendens Jurisdiction EU Regulation 1215/2012 (brussels I Recast) Finality of Foreign Judgments

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 4 Authorities cited 13 Party arguments 2
Sign in to unlock

Parties

Dirk Vincent Van Heck

Claimant/respondent

Giambrone & Partners Studio Legale Associato

Defendant/appellant

Procedural Posture

Civil Appeal / Appeal Judgment

Legal Issues

  1. 1 Whether the English proceedings should be stayed under Article 29 of EU Regulation 1215/2012 due to lis alibi pendens with Italian proceedings
  2. 2 Whether a pending appeal in the first-seised (Italian) court prevents final determination for Article 29 purposes
  3. 3 Whether the time limit for appeal in the Italian proceedings was 30 days or 6 months, and its effect on finality

Ratio Decidendi

The critical question is whether the proceedings in the court first seised (Palermo) had been finally determined in relation to jurisdiction. Based on expert evidence, the time limit for appeal was 30 days, which had expired, and the Italian court issued a certificate of res judicata. Therefore, there was a final determination, no lis alibi pendens, and the English proceedings should not be stayed.

Court Disposition

Appeal dismissed

Orders

  • The Judge’s refusal to stay the English proceedings is upheld.
  • No stay of the London Claim.