Foglia v Family Officer Ltd & Ors [2021] EWHC 650 (Comm) (22 March 2021)

Foglia v Family Officer Ltd & Ors [2021] EWHC 650 (Comm) (22 March 2021)

The combination of mobile phone evidence, spoofed emails, and use of misappropriated funds for Mr Cerri's benefit provides a body of evidence such that any innocent explanation is fanciful. The defendants have no real prospect of successfully defending the claim and there is no compelling reason for trial. Summary...

Source-derived case information.

Citation
[2021] EWHC 650 (Comm)
Parties
Claimant/applicant: Maria Alessandra Foglia; Defendant/respondent: The Family Officer Limited; Defendant/respondent: Wechsler & Co Limited; Defendant: C&C Family Holdings Limited; Defendant/respondent: Matteo Cerri; Defendant/respondent: Italians Clubhouse Limited; Defendant/respondent: ITS Fashion Street Café Limited; Defendant/respondent: Shield Risk Management Limited; Defendant/respondent: St Charles Luxembourg SA
Jurisdiction
England and Wales
Judgment Date
22 March 2021
Procedural Posture
Commercial Court Claim / Summary Judgment Application
Outcome
Summary judgment granted in favour of the claimant against Mr Cerri and associated companies.
Legal Topics
Summary Judgment, Fraud, Proprietary Claims, Knowing Receipt, Dishonest Assistance, Unjust Enrichment
Civil Fraud Commercial Law Summary Judgment Fraud Proprietary Claims Knowing Receipt Dishonest Assistance Unjust Enrichment

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Parties

Maria Alessandra Foglia

Claimant/applicant

The Family Officer Limited

Defendant/respondent

Wechsler & Co Limited

Defendant/respondent

C&C Family Holdings Limited

Defendant

Matteo Cerri

Defendant/respondent

Italians Clubhouse Limited

Defendant/respondent

ITS Fashion Street Café Limited

Defendant/respondent

Shield Risk Management Limited

Defendant/respondent

St Charles Luxembourg SA

Defendant/respondent

Procedural Posture

Commercial Court Claim / Summary Judgment Application

Legal Issues

  1. 1 Whether summary judgment should be granted in a fraud claim against Mr Cerri and associated companies
  2. 2 Whether the defendants have any real prospect of successfully defending the claim
  3. 3 Whether there is a compelling reason for trial

Ratio Decidendi

The combination of mobile phone evidence, spoofed emails, and use of misappropriated funds for Mr Cerri's benefit provides a body of evidence such that any innocent explanation is fanciful. The defendants have no real prospect of successfully defending the claim and there is no compelling reason for trial. Summary judgment is appropriate.

Court Disposition

Summary judgment granted in favour of the claimant against Mr Cerri and associated companies.

Orders

  • Defendants to pay the outstanding sum of €3,543,368 plus interest and costs.
  • Further directions for enforcement of judgment.