Van Heck v Giambrone & Partners Studio Legale Associato [2022] EWHC 1098 (QB) (12 May 2022)

Van Heck v Giambrone & Partners Studio Legale Associato [2022] EWHC 1098 (QB) (12 May 2022)

The critical question is whether the proceedings in the court first seised have been finally determined in relation to jurisdiction. Based on expert evidence and the certificate of res judicata, the Italian court's decision declining jurisdiction was final as the appeal was lodged out of time. Therefore, Article 29 did not require a stay of the English proceedings.

Citation
[2022] EWHC 1098 (QB)
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
Appeal / Judgment on Appeal Against Refusal to Stay Proceedings
Outcome
Appeal dismissed
Legal Topics
Lis Alibi Pendens, Jurisdiction, Article 29 Brussels I Recast, Finality of Foreign Judgments, Stay of Proceedings
Civil Procedure European Union Law Lis Alibi Pendens Jurisdiction Article 29 Brussels I Recast Finality of Foreign Judgments Stay of Proceedings

Case Brief

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Parties

Dirk Vincent Van Heck

Claimant/respondent

Giambrone & Partners Studio Legale Associato

Defendant/appellant

Procedural Posture

Appeal / Judgment on Appeal Against Refusal to Stay Proceedings

Legal Issues

  1. 1 Whether Article 29 of EU Regulation 1215/2012 requires a stay of English proceedings when an appeal is pending in the court first seised
  2. 2 Whether the Italian court's decision declining jurisdiction was 'finally determined' for Article 29 purposes
  3. 3 Whether an out-of-time appeal in the court first seised affects lis pendens

Ratio Decidendi

The critical question is whether the proceedings in the court first seised have been finally determined in relation to jurisdiction. Based on expert evidence and the certificate of res judicata, the Italian court's decision declining jurisdiction was final as the appeal was lodged out of time. Therefore, Article 29 did not require a stay of the English proceedings.

Court Disposition

Appeal dismissed

Orders

  • Refusal to stay the English proceedings is upheld