Sidoli v Sidoli: appeal heard and final judgment handed down

The case concerns the Appellants attempt to register in England and Wales an Italian succession judgment under the Foreign Judgments (Reciprocal Enforcement) Act 1933. At first instance, Deputy Master Dew dismissed the application, holding that the Italian succession judgment could not be registered under the 1933 Act. You can read our earlier article on that decision here.

The outcome on appeal

The appeal court upheld most of Deputy Master Dew’s judgment. It allowed registration of only a very small part of the Italian judgment, namely the part concerning the immovable assets in Italy. The rest of the decision below stands.

The judgment is lengthy and highly technical, and merits careful study. It addresses important questions of private international law that will be of real significance to anyone concerned with cross-border estates.

Why it matters

The judgment reinforces the strength of the English legal system and sets out the boundaries that must be respected when foreign succession judgments are brought here for recognition and enforcement. In particular where the foreign succession judgment applied forced heirship rules which are not aligned with freedom of testamentary disposition in England and Wales. This is important because the basis of registration is reciprocity and where two legal systems operate on a difference basis, reciprocity is impossible which would offend both reciprocity and public policy.

A foreign court’s ruling cannot simply be imported into England and Wales to decide the succession to an estate that it had no jurisdiction to determine. This is particularly so where the deceased was domiciled in England and the main assets are here.

The decision also shows the limits of forum shopping. Choosing a foreign forum to gain an advantage not available under English law does not guarantee that the resulting judgment will be enforced here. The English courts will look closely at the nature of the claim, the jurisdiction of the foreign court and the location and character of the assets. Only then will they decide whether a foreign judgment can take effect in this jurisdiction.

For families with links to more than one country, and their advisers, the message is clear. Where proceedings are brought, and how the estate is structured, can decide the outcome.

More to follow

A more detailed analysis of the judgment and its implications will follow.

The case was handled by Gonzalo Butori, Partner in the Contentious Probate team at DMH Stallard, and Raj Sahonte, Barrister of New Square Chambers .

If you would like to discuss cross-border inheritance disputes, please get in touch with our contentious probate team at DMH Stallard via our online enquiry form, or by calling +44(0)3333 231580.