England v Italy ' A Succession Dispute

• Published date: 13 August 2021
• Subject Matter: Litigation, Mediation & Arbitration, Family and Matrimonial, Arbitration & Dispute Resolution, Civil Law, Wills/ Intestacy/ Estate Planning
• Law Firm: Russell-Cooke Solicitors
• Author: Ms Alison Regan

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...