Gabriele Volpi & Anor. v Matteo Volpi

Gabriele Volpi & Anor. v Matteo Volpi

The trial judge was entitled to find, on the balance of probabilities, that the sum advanced was a loan and not a gift, based on the contemporaneous documents, the inherent probabilities, the expert evidence regarding the signatures, and the lack of credible evidence to support Matteo Volpi's claim of a gift. The judge's findings were not plainly wrong or rationally insupportable, and there was no basis for appellate interference.

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 Judgment
Outcome
Appeal dismissed
Legal Topics
Presumption of Advancement, Loan Vs Gift, Burden of Proof, Evaluation of Evidence, Expert Evidence, Appeals on Fact
Civil Law Trusts and Equity Family 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 Judgment

Legal Issues

  1. 1 Whether the sum of CHF 6 million paid by Delta Ltd to Matteo Volpi was an interest-free loan or a gift
  2. 2 Whether the trial judge's findings of fact were plainly wrong and should be overturned on appeal

Ratio Decidendi

The trial judge was entitled to find, on the balance of probabilities, that the sum advanced was a loan and not a gift, based on the contemporaneous documents, the inherent probabilities, the expert evidence regarding the signatures, and the lack of credible evidence to support Matteo Volpi's claim of a gift. The judge's findings were not plainly wrong or rationally insupportable, and there was no basis for appellate interference.

Court Disposition

Appeal dismissed

Orders

  • The appeal is dismissed.