Belletti & Ors v Morici & Ors [2009] EWHC 2316 (Comm) (24 September 2009)

Belletti & Ors v Morici & Ors [2009] EWHC 2316 (Comm) (24 September 2009)

The English court had no territorial jurisdiction to make the Chabra order against the parents under section 25 of the Civil Jurisdiction and Judgments Act 1982 and CPR Practice Direction 6B para 3.1(5), as there was no expediency or real connecting link between the parents or the assets and England. The only possible basis for jurisdiction was section 25, and the requirements of expediency and a real connecting link were not satisfied. The orders must be set aside for want of jurisdiction.

Citation
[2009] EWHC 2316 (Comm)
Parties
Claimant: Dario Belletti; Claimant: Donato Loscalzo; Claimant: Piero Minotti; Claimant: Francesco Gianni; Defendant: Pierantonio Morici; Defendant: BKV Invest Limited; Defendant: Bradshaw Global Corporation; Defendant: Jugular Limited; Defendant: Antonio Umberto Morici; Defendant: Filomena Zanenga Morici
Jurisdiction
England and Wales
Judgment Date
24 September 2009
Procedural Posture
Application to Set Aside Freezing and Ancillary Orders / Post Interim Order, Application to Set Aside
Outcome
Application granted; orders set aside for want of jurisdiction.
Legal Topics
Freezing Injunctions, Chabra Jurisdiction, Service Out of Jurisdiction, Section 25 Civil Jurisdiction and Judgments Act 1982, Territorial Jurisdiction, Material Non Disclosure
Civil Procedure Private International Law Commercial Law Freezing Injunctions Chabra Jurisdiction Service Out of Jurisdiction Section 25 Civil Jurisdiction and Judgments Act 1982 Territorial Jurisdiction +1 more

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Parties

Dario Belletti

Claimant

Donato Loscalzo

Claimant

Piero Minotti

Claimant

Francesco Gianni

Claimant

Pierantonio Morici

Defendant

BKV Invest Limited

Defendant

Bradshaw Global Corporation

Defendant

Jugular Limited

Defendant

Antonio Umberto Morici

Defendant

Filomena Zanenga Morici

Defendant

Procedural Posture

Application to Set Aside Freezing and Ancillary Orders / Post Interim Order, Application to Set Aside

Legal Issues

  1. 1 Whether the English court had territorial jurisdiction to grant a Chabra freezing order and ancillary relief against foreign third parties (the parents) under section 25 of the Civil Jurisdiction and Judgments Act 1982 and CPR Practice Direction 6B para 3.1(5)
  2. 2 Whether it was expedient to grant such relief where the third parties and assets had no connection to England
  3. 3 Whether there was material non-disclosure justifying setting aside the orders

Ratio Decidendi

The English court had no territorial jurisdiction to make the Chabra order against the parents under section 25 of the Civil Jurisdiction and Judgments Act 1982 and CPR Practice Direction 6B para 3.1(5), as there was no expediency or real connecting link between the parents or the assets and England. The only possible basis for jurisdiction was section 25, and the requirements of expediency and a real connecting link were not satisfied. The orders must be set aside for want of jurisdiction.

Court Disposition

Application granted; orders set aside for want of jurisdiction.

Orders

  • Order of Andrew Smith J of 8 May 2009 set aside in its entirety.