Schettini v Silvestri & Ors

Schettini v Silvestri & Ors

An appeal against an undertaking voluntarily given to the court as the price of an interim injunction will not be entertained absent a change in circumstances; the appellant had notice and opportunity to contest the fortification, did not do so, and there is no evidence the requirement would stifle the claim. The appeal is unsustainable both generally and on the facts.

Parties
Appellant: Dario Ovidio Schettini; Respondent: Nicola Silvestri; Respondent: NIDIS Capital Fund; Respondent: Cleofour1 Limited; Respondent: Pierangelo Del Buono
Jurisdiction
England and Wales
Judgment Date
07 March 2019
Procedural Posture
Civil Appeal / Appeal From High Court (business and Property Courts, Chancery Division)
Outcome
Appeal dismissed
Legal Topics
Interim Injunctions, Cross Undertaking in Damages, Fortification of Undertakings, Security for Costs, Appeals Against Undertakings
Civil Procedure Equity Interim Injunctions Cross Undertaking in Damages Fortification of Undertakings Security for Costs Appeals Against Undertakings

Case Brief

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Parties

Dario Ovidio Schettini

Appellant

Nicola Silvestri

Respondent

NIDIS Capital Fund

Respondent

Cleofour1 Limited

Respondent

Pierangelo Del Buono

Respondent

Procedural Posture

Civil Appeal / Appeal From High Court (business and Property Courts, Chancery Division)

Legal Issues

  1. 1 Whether the appellant can appeal against an undertaking to fortify a cross-undertaking in damages as a condition for an interim injunction
  2. 2 Whether the requirement to fortify the cross-undertaking is tantamount to an order for security for costs, which would not be permissible under CPR Part 25 for an EU resident
  3. 3 Whether the amount of £100,000 required for fortification was excessive and arrived at without proper process

Ratio Decidendi

An appeal against an undertaking voluntarily given to the court as the price of an interim injunction will not be entertained absent a change in circumstances; the appellant had notice and opportunity to contest the fortification, did not do so, and there is no evidence the requirement would stifle the claim. The appeal is unsustainable both generally and on the facts.

Court Disposition

Appeal dismissed