Foglia v Family Officer Ltd & Ors

Foglia v Family Officer Ltd & Ors

The evidence, including mobile phone records, spoofed emails, and the use of misappropriated funds, provides a strong inference that Mr Cerri and his companies were involved in the fraud. The explanations offered are fanciful and incompatible with the documentary record. There is no real prospect of a successful defence, and summary judgment is appropriate.

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 Fraud Claim / Summary Judgment Application
Outcome
Summary judgment granted for the claimant against the defendants.
Legal Topics
Summary Judgment, Dishonest Assistance, Knowing Receipt, Unjust Enrichment, Proprietary Claims
Civil Procedure Fraud Equity Summary Judgment Dishonest Assistance Knowing Receipt Unjust Enrichment Proprietary Claims

Case Brief

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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 Fraud Claim / Summary Judgment Application

Legal Issues

  1. 1 Whether summary judgment should be granted in a fraud claim involving misappropriation of funds
  2. 2 Whether the defendants have a real prospect of successfully defending the claim
  3. 3 Whether the evidence supports dishonest assistance, knowing receipt, and unjust enrichment

Ratio Decidendi

The evidence, including mobile phone records, spoofed emails, and the use of misappropriated funds, provides a strong inference that Mr Cerri and his companies were involved in the fraud. The explanations offered are fanciful and incompatible with the documentary record. There is no real prospect of a successful defence, and summary judgment is appropriate.

Court Disposition

Summary judgment granted for the claimant against the defendants.

Orders

  • Judgment entered against TFO and Mr Cerri for €3,543,368 plus interest.
  • Judgment entered against Wechsler & Co Ltd for £17,950 and €56,416 plus interest.