Volpi & Anor v Volpi [2022] EWCA Civ 464 (05 April 2022)

Volpi & Anor v Volpi [2022] EWCA Civ 464 (05 April 2022)

The judge was entitled to find, on the balance of probabilities, that the CHF 6 million was an interest-free loan and not a gift, based on the contemporaneous documentation, the inherent probabilities, the expert evidence on signatures, and the lack of evidence of a donative intention by Gabriele Volpi. The presumption of advancement was weak and rebutted in this context.

Citation
[2022] EWCA Civ 464
Parties
Claimant/respondent: Gabriele Volpi; Claimant/respondent: Delta Limited; Defendant/appellant: Matteo Volpi
Jurisdiction
England and Wales
Judgment Date
05 April 2022
Procedural Posture
Civil Appeal / Appeal From High Court to Court of Appeal
Outcome
Appeal dismissed
Legal Topics
Presumption of Advancement, Loan Vs Gift, Burden of Proof, Evaluation of Evidence, Expert Evidence, Asset Protection
Civil Law Trusts and Equity Contract Law Presumption of Advancement Loan Vs Gift Burden of Proof Evaluation of Evidence Expert Evidence +1 more

Case Brief

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Parties

Gabriele Volpi

Claimant/respondent

Delta Limited

Claimant/respondent

Matteo Volpi

Defendant/appellant

Procedural Posture

Civil Appeal / Appeal From High Court to Court of Appeal

Legal Issues

  1. 1 Whether the sum of CHF 6 million paid by Delta Limited to Matteo Volpi was an interest-free loan or a gift
  2. 2 Whether the trial judge erred in evaluating the evidence, particularly expert evidence on signatures
  3. 3 Whether the presumption of advancement applied and was rebutted

Ratio Decidendi

The judge was entitled to find, on the balance of probabilities, that the CHF 6 million was an interest-free loan and not a gift, based on the contemporaneous documentation, the inherent probabilities, the expert evidence on signatures, and the lack of evidence of a donative intention by Gabriele Volpi. The presumption of advancement was weak and rebutted in this context.

Court Disposition

Appeal dismissed

Orders

  • The appeal is dismissed; the finding that the CHF 6 million was a loan stands.