Guido de Sanctis v Dr Francesca Romana Bottari

Guido de Sanctis v Dr Francesca Romana Bottari

The application for an interim prohibitory injunction is granted because there is a serious issue to be tried regarding the stay of execution, a material change of circumstances has occurred since the original order, the Applicant would suffer irremediable harm if enforcement proceeds, and the balance of convenience favours granting the injunction pending determination of the stay application.

Parties
Applicant: Dr Francesca Romana Bottari; Respondent: Mr Guido de Sanctis
Jurisdiction
England and Wales
Judgment Date
02 October 2025
Procedural Posture
Application for Interim Injunction / Ruling on Interim Prohibitory Injunction Pending Stay Application
Outcome
Application for interim prohibitory injunction granted
Legal Topics
Interim Injunctions, Stay of Execution, Foreign Judgment Enforcement, Adequacy of Damages, Balance of Convenience
Civil Procedure Family Law International Enforcement Interim Injunctions Stay of Execution Foreign Judgment Enforcement Adequacy of Damages Balance of Convenience

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Parties

Dr Francesca Romana Bottari

Applicant

Mr Guido de Sanctis

Respondent

Procedural Posture

Application for Interim Injunction / Ruling on Interim Prohibitory Injunction Pending Stay Application

Legal Issues

  1. 1 Whether an interim prohibitory injunction should be granted to restrain enforcement of a possession order pending determination of a stay application
  2. 2 Whether there is a serious issue to be tried regarding the stay of execution of a foreign judgment
  3. 3 Adequacy of damages as a remedy

Ratio Decidendi

The application for an interim prohibitory injunction is granted because there is a serious issue to be tried regarding the stay of execution, a material change of circumstances has occurred since the original order, the Applicant would suffer irremediable harm if enforcement proceeds, and the balance of convenience favours granting the injunction pending determination of the stay application.

Court Disposition

Application for interim prohibitory injunction granted

Orders

  • Interim prohibitory injunction restraining enforcement of possession order pending determination of stay application
  • Applicant to pay £5,000 into court to support undertaking in damages