Giacomini SPA v Cucchiaro [2021] JRC 245 (16 September 2021)

Giacomini SPA v Cucchiaro [2021] JRC 245 (16 September 2021)

The Jersey court is empowered to grant an interim arrêt entre mains to enforce a foreign (Italian) judgment that is immediately enforceable, notwithstanding a possible pending appeal, and despite competing claims to the escrowed funds, as the plaintiff's claim has merit and the requirements for such relief are satisfied.

Citation
[2021] JRC 245
Parties
Plaintiff: Giacomini SPA; Defendant: Nerina Cucchiaro; First Party Cited: Church Street Trustees Limited (as trustee of the Giacomini Trust)
Jurisdiction
Jersey
Judgment Date
16 September 2021
Procedural Posture
Application for Ex Parte Relief in Proceedings Begun by Order of Justice / Interim Application for Arrêt Entre Mains
Outcome
Interim relief granted
Legal Topics
Enforcement of Foreign Judgments, Arrêt Entre Mains, Trustee Fees, Interim Relief
Civil Procedure Trusts and Estates Conflict of Laws Enforcement of Foreign Judgments Arrêt Entre Mains Trustee Fees Interim Relief

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Parties

Giacomini SPA

Plaintiff

Nerina Cucchiaro

Defendant

Church Street Trustees Limited (as trustee of the Giacomini Trust)

First Party Cited

Procedural Posture

Application for Ex Parte Relief in Proceedings Begun by Order of Justice / Interim Application for Arrêt Entre Mains

Legal Issues

  1. 1 Whether the Jersey court should grant an interim arrêt entre mains over sums potentially due to the defendant from a Jersey trustee, to enforce a foreign (Italian) judgment
  2. 2 Whether the pending appeal in Italy affects enforceability of the Milan order
  3. 3 Whether competing claims to the escrowed funds preclude the relief sought

Ratio Decidendi

The Jersey court is empowered to grant an interim arrêt entre mains to enforce a foreign (Italian) judgment that is immediately enforceable, notwithstanding a possible pending appeal, and despite competing claims to the escrowed funds, as the plaintiff's claim has merit and the requirements for such relief are satisfied.

Court Disposition

Interim relief granted

Orders

  • Arrêt entre mains granted over sums due to the defendant from the trustee as sought in the order of justice at 1(a) on page 9.
  • Order for service as per paragraph 2 of page 9.