The matter of Pescatore v Valentino & Ors [2021] EWHC 1953 (Ch) involved an application for an interim anti-suit injunction restraining Italian proceedings in a succession dispute, which straddled both a common law jurisdiction (England) and a civil law jurisdiction (Italy).
The judgment is a useful summary of the criteria involved in applications for anti-suit injunctions, but also serves to remind that trying to solve English succession problems with reference to Italian concepts (and vice versa) is rather difficult.
Russell-Cooke partner Alison Regan examines a clash of English and Italian common legal proceedings following a controversial inheritance claim in Solicitors Journal.
England v Italy – a succession dispute is available to read on the Solicitors Journal website via subscription.
Alison is the firm's Joint Managing Partner and leads the contentious trust and succession team advising a range of clients (private individuals, charities, trustees, administrators and beneficiaries) on the complete range of succession, probate and trust disputes.
Alison also acts in an advisory and risk management capacity as part of a larger team in advising on asset protection or succession planning, particularly in a multi-generational family business context or in the context of divorce proceedings.