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Law Firm OverviewGiambrone is an award-winning Italian law firm operating through a network of offices in Barcelona, Munich, London, Milan, New York, Rome, Sassari, Tunis and Palermo with plans to expand further over the coming years.
Our Italian lawyers and Italian attorneys are best in their fields and Giambrone has been named "Best Italian Law Firm of the Year" for the last four consecutive years.
Our Italian lawyers specialize in Italian Corporate and Commercial work, whereas our Italian Litigation and Debt Collection Practice assists clients worldwide to effectively recover debts in Italy.
We have a dedicated Italian Personal Injury Team to assist victims of accidents in Italy to seek compensation for damages under Italian Law. Giambrone's Italian Family Team frequently acts on complex cross-border Italian Family and Matrimonial matters which include divorce and judicial separation in Italy and financial claims under Italian Law.
Avv. Alessandro Gravante is often appointed as Italian Law Expert and frequently appears before the English Courts to give opinions on issues of Italian Law.
Our Italian Probate and Inheritance team routinely advises foreign clients on Italian wills, Italian succession, Italian inheritance and Italian probate.
Our lawyers in Italy are widely recognized as leaders in their field. Our International Forex Litigation Department is one of the few departments best specialized in Forex Litigation against Forex brokers, Binary Option Traders and Banks around the world.
Examples of our recent awards include:
* Cross Border Litigation Law Firm of the Year 2015 - Global Law Experts
* Best Italian Law Firm of the Year 2013, 2014 and 2015 - Acquisition International
* Italian Cross Border Litigation Law Firm of the Year - International Advisory Start-Up Awards
* Best Cross Border Commercial Law Firm of the Year - Italy - Intercontinental Finance Magazine of legal services, including banking and finance, corporate and commercial, litigation and dispute resolution.
Areas of Law
Additional Areas of Law: Debt Collection; Italian Property Purchases; Private Wealth Management; Acquisition Financing; Asset-Backed Lending; Leveraged Lease Financing; Private Placements; Securitization; Structured Finance; Syndicated bank Loans; Company Start-ups; Creation of Italian Limited Companies; Provision of Nominee Directors for Italian Companies; Corporate Secretarial Services; Commercial Contracts; Property Acquisitions and Management; Charity; Debt Collection; Restructuring Companies; Competition, Commercial Contracts; Residential Real Estate; Asset Management & Project Management; Private & Public Procurement; Commercial Real Estate Development; Inheritance Disputes & Contested Probates; Tax Investigations; Debt Collection in Italy; Insurance Disputes; Italian Succession; Cross-Border Probate; Matrimonial; Trusts Disputes; Forex Litigation.
Areas of Law Description
Our areas of practice include:
- Banking & Finance
Giambrone's Banking and Finance Department act for financial institutions, corporations and investors from all over the globe with help in arranging funding for most corporate lending transactions.
- Corporate & Commercial
Our fast expanding Italian Corporate Department has expertise in a wide range of corporate and commercial law areas. We recognize that our clients require specifically tailored solutions to meet every aspect of their business needs and strive to ensure that our advice successfully meets their aims and objectives.
- Real Estate & Tax
Giambrone's Italian Real Estate division applies its expertise to a wide spectrum of property transactions, in the areas of residential and commercial property law, Italian property acquisitions, tax and cross-border issues of Italian law.
- Litigation & Dispute Resolution
We have the experience to provide specialist Italian legal advice in all types of civil and commercial litigation and are able to handle a variety of work, from the most complex disputes to smaller matters that arise on a more frequent basis.
- Private Client
Giambrone's ever-expanding Italian Private Client practice advises individuals, entrepreneurs and investors on how best to structure their business and personal affairs, mainly in the areas of Italian tax planning, family issues, wills, trusts and probate, as well as residential real estate matters.
- International Department
Giambrone is a full service law firm with offices throughout the globe including, Milan, Rome, Palermo, London, New York, Sao Paolo and Casablanca. With the expansion of our International Practice; Giambrone has successfully opened a new French Department offering legal assistance to individuals and companies in French matters of law.
Ms. Luja Ling
Business and Industry
- International Bar Association
More Information on Giambrone LawCriminal Law
Banking and Finance
Corporate and Commercial
Litigation and Dispute Resolution
Real Estate and Residential Property
Giambrone Law News and Publications
Articles Published by Giambrone Law
The City of London Corporation, HM Courts and Tribunal Services (HMCTS), the Ministry of Justice and senior judges are backing the plan to build a specialist court which will principally focus on the rising “new age” crimes of cybercrime and financial fraud in all its variations. The court will also hear criminal and civil cases that are, at present, heard at the various City of London courts.Read Article
‘Bucket shop’ is an American pejorative expression describing: "an establishment, supposedly for the transaction of a stock exchange business, or business of similar character, but really for the registration of bets, or wagers, usually for small amounts, on the rise or fall of the prices of stocks, grain, oil, etc., there being no transfer or delivery of the stock or commodities nominally dealt in".Read Article
For years, investors have complained of a range of platform irregularities and questionable practices, which may have violated the broker’s duties with regard to various regulated entities, which in turn, where discovered, could provide clients with the right to recover losses.Read Article
According to the latest research led by FLEX (Focus on Labour Exploitation) and LEAG (Labour Exploitation Advisory Group), there may be an increased risk of exploitation in the workplace in the UK as a result of Brexit. The two organisations have reported that in the aftermath of the referendum many EU citizens have been told that they no longer hold equal rights compared to UK citizensRead Article
Football took another step towards eliminating homophobia in football with the announcement this month by Charlton Athletic FC that they have formed an associate team called Charlton Athletic Community Trust Invicta FC (CIFC) which will extend the opportunity for members of the LGBT community to play football and at the same time further to cause of diversity in football.Read Article
The leak of an 82 page discussion document on how the UK could deal with EU migration post-Brexit has caused considerable comment from all quarters. The document outlines some of the potential courses of action for dealing with overseas unskilled or semi-skilled workers once the UK has separated from Europe.Read Article
It would appear that when booking travel package deals online holidaymakers are not granted the same degree of protection that they would be entitled to by booking through a travel agent. Since this gap in consumer protection came to light, Ministers have agreed to act to address this anomaly and the Government has announced a new plan compelling online travel websites to compensate holidaymakers for holiday disasters.Read Article
The American regulator Commodity Futures Trading Commission (CFTC) has demonstrated a thorough and robust attitude to rooting out and prosecuting fraudulent binary options trading. On Monday 10 July 2017 CFTC complaint against Californian Jason Scharf was unsealed and it was announced that Mr. Scharf was to be charged with “illicitly referring clients to binary options brokers via several offshore businesses”.Read Article
EU nationals are not the only individuals fearing the potential negative outcomes arising from the Brexit negotiations in respect of their future in the UK. Britons abroad are also wary of their fate. Theresa May’s recent proposal was considered so poor that it could actually endanger the rights Britons enjoy on EU soil.Read Article
It is estimated that one in six workers currently working in London are EU nationals, as reported by new research intending to underline how vulnerable London actually is in light of the immigration restrictions due after Brexit.Read Article
Sardinia is an island that attracts many foreign property investors, well known for its beautiful beaches, coves and crystal clear waters. For years the region and its natural resources, has been subject to a considerable building programme by investors frequently emanating from England, France, Russia and Germany. The value of properties varies and can be less than €100,000 euro rising to millions.Read Article
In a recent statement, German Chancellor Angela Merkel, declared she will no longer oppose legislation to legalise equal marriage in Germany, in contrast to the unconcealed opposition her party Christian Democrat Union (CDU) has been supporting since 2005, when she explicitly indicated that she feared negative consequences for adopted children.Read Article
In an attempt to restore market confidence, the Italian government has agreed to inject €5bn worth of taxpayers’ money into two mid-sized regional banks, handing their good assets to Intesa Sanpaolo, one of Italy’s main banks.Read Article
Theresa May has provided a clearer picture as to how the UK will manage the “settled status” of the three million EU nationals currently living in the UK. The 15 page document outlines the process and procedures that are to be put in place in the future.Read Article
Since the Brexit vote one year ago, the destiny and the future of millions of EU citizens living in the UK, and about a million UK expats in other EU states has been covered with a veil of uncertainty.Read Article
The latest Queen’s speech drafted by the government, delivered almost a year after the Brexit referendum has, to some degree, outlined the intentions of the British government when leaving the EU.Read Article
The Israeli government has approved a bill to ban the entire Israeli-based binary option industry and put a halt to its ominous consequences.Read Article
The charm of buying a property in a sun-drenched corner of rural Italy or Spain is a dream many people aspire to. However, the cost of maintaining a second property abroad can be off-putting, but what if your dream purchase could pay for itself?Read Article
The High Court has approved a highly unusual settlement arising out of a long drawn out acrimonious divorce. On Friday Sir Geoffrey Vos, chancellor of the High Court, endorsed the payment of £282 million from the Children’s Investment Fund Foundation (CIFF), a charity set up by the warring couple, Sir Christopher Hohm and his former wife Jamie Cooper, to Ms. Cooper’s new project, Big Win Philanthropy.Read Article
The think-tank Resolution Foundation commissioned a survey to clarify the preparedness of British business for the radical changes that Brexit will bring. ComRes research consultancy interviewed 500 employers who currently employ nationals from across the EU and found that practically half the businesses have a complete disconnect between their own expectations and the likely reality of the effects that Brexit will bring.Read Article
Italy has always had a powerful charm, enticing people to its shores from all over the globe. The lure of the wonderful climate, unique history and culture, not to mention the cuisine and wines, all combine to make Italy a superb choice as a destination for a holiday, a second home or a commercial investment opportunity.Read Article
Brexit Task Force to Be Formed by the Spanish Government to Assist Spanish People and Businesses in the UK
The Spanish government is acting to address the concerns of the Spanish people and businesses that live and work in the UK. It is believed that there are potentially twice the number of Spanish citizens living in the UK than the 131,000 currently registered at the London and Edinburgh consulates. There is a growing concern as to how the UK’s departure will affect citizens from EU countries.Read Article
A collective sigh of relief was heard when the long-awaited ruling from the European Court of Justice (ECJ) regarding the Brexit negotiation of international trade was announced.Read Article
Binary Option firm Owner Arrested under Accusation of Fraud, False Registration, Threats and Extortion
Giambrone has learned that Reuter’s journalist Tova Cohen has broken the news that Eliran Saada, owner of Secured Options and Inside Options binary options brokers, has been arrested by the Israeli police following a complaint from one of their clients who suffered investment losses of over $500,000. Eliran Saada stands accused of fraud, false registration, threats and extortion.Read Article
Politicians' Promises of Improving the Working Conditions and Rights of Employees Comes at a Cost in the UK
The forthcoming election in the UK is provoking both the major parties to make declarations within their respective manifestos which will have far reaching effects for business if they are implemented. In an attempt to court voters each party is promising to introduce measures which will enhance the working lives of many employees, the financial impact of which will have to be funded by businesses.Read Article
In the London family court the exceptional divorce settlement of £453 million together with an Aston Martin worth £350,000 and an art collection valued at £90 million, granted to the wife of a foreign billionaire oil and gas trader supports the contention that London, the divorce capital of the world, is the best place to divorce for some people at least.Read Article
In the current environment of constant development of digital technology, shaking the foundations of all sectors, intellectual property rights are playing an increasingly fundamental role in the technology industry.Read Article
There are many reasons why a person or group of people choose to start their own business, from a passionate belief in your new innovation, suddenly becoming unemployed, a belief that you can improve on what is already available, realising your hobby could make you money or simply needing to pay the rent.Read Article
Whilst nobody can be surprised at the complexity and challenge of the Brexit negotiations and what appears to be decline in cordial relations between Theresa May and Jean-Claude Juncke, what may come as a shock to many of the Brexiteers is the size of the divorce settlement.Read Article
The news that Alitalia, the Italian airline, is reluctantly taking the decision to file for bankruptcy is not entirely unforeseen.Read Article
One thing we can be certain about as far as Brexit is concerned is that things cannot remain the same. Giambrone believes that the financial services sector in the City of London is being circled by predatory EU rivals hoping to snatch at least some of the financial services market that the UK provides to the world.Read Article
There appears to be a divide in the thinking of British ex-pats in Spain and their reaction to Brexit which is centred on the different requirements of the retired and the working population. Many individuals in both categories really wish that things could just carry on as before but realistically this is unlikely.Read Article
A recent case heard in the Italian courts may be influential in changing the approach employers have to work related mobile phone use. Mr. Roberto Romeo won an award for damages against his employer arising from the fact that Mr. Romeo’s brain tumour was caused by prolonged use of a mobile phone for work related purposes.Read Article
In the wake of early Brexit negotiations, the fate of the three million Europeans currently living in the UK is a matter of concern for many. European citizens in the UK run the risk of being left stranded in an uncertain legal scenario, mainly due to the challenges presented by the British immigration system.Read Article
Immigration has enjoyed the status of the hot potato of politics for some time and with Brexit looming that is unlikely to change in the near future. Many people may choose to change their citizenship, particularly those involved with or married to a person from another country, as well as individuals who are planning to remain in Europe for the foreseeable future may also want to become citizens of European country.Read Article
With the dawning of a new age, that of the separation of the UK from the EU and all that it entails, British businesses that depend on the European market must find ways of maintaining a foothold in Europe.Read Article
Financial fraud, in general, is expanding at a great rate with forex and binary options frauds, in particular, gaining ground globally. Many hundreds of people around the world are targeted each day.Read Article
[UK Prime Minister] Theresa May has finally triggered Article 50 which officially opens the way for formal Brexit talks. The uncertainty that surrounds this whole issue has left the British ex-pats in Europe facing unforeseen challenges. Brexit changes their position completely and they face momentous choices, whether to stay put and hope they can ride it out or become European citizens or come home.Read Article
London 22 March 2017 - In a significant decision, the English Supreme Court today set aside a decision of the Court of Appeal and has given judgment in AIG Europe Limited v OC320301 LLP and Ors  and found that the investors’ claims fell within the ‘series of related matters or transactions' definition contained in Clause 2.5 (a) (iv) of the minimum terms and conditions (MTC) laid down by the Solicitors Regulation Authority.Read Article
Wills Must Be Respected in UK, as the Supreme Court Ruling on the Challenge by Heather Ilott Reminds Us
The well documented case of Heather Ilott and her attempt to overturn her Mother’s will appears to have come to an end with the Supreme Court ruling that, whilst she may have be granted some money from her Mother’s estate, it is a far smaller sum than the Court of Appeal awarded.Read Article
It is no surprise with such complex and confusing financial regulations throughout Europe relating to financial activities that the consumer can easily be duped into believing that an investment broker is legitimate and adequately regulated, only to find that a smoke screen has been thrown up by a fraudulent broker.Read Article
This striking recognition obliges the Spanish banks to return the money anticipated by the clients who have purchased houses that were not constructed or delivered.Read Article
Giambrone launches two Class Actions and Regulatory Complaints against Banc de Binary and Options FM Group.Read Article
Each year there are 24,000 divorces heard in the courts in England and Wales which involve a foreign national. Divorce in England and Wales is often considered more favourable to women as it favours the weaker party in the divorce which is frequently the wife due to having either no income or a smaller income compared to her husband. However, not in every case.Read Article
Despite the fluctuations in the markets across Europe in recent years, statistics suggest that there is an increase in investment in the Italian real estate market on the part of foreign investors. Italy has always had a powerful charm, enticing people to its shores from all over the globe. The lure of the wonderful climate, unique history and culture, not to mention the fabulous cuisine and wines, all combine to make Italy a superb choice for a holiday or retirement property.Read Article
During the course of 2016 there were approximately 144 mergers and acquisitions (M&As) of UK businesses by foreign companies and around 104 mergers and acquisitions by UK companies of foreign businesses. A merger or acquisition frequently provides the dominant partner with increased traction and market share in its industry sector.Read Article
There are fears in Brussels that the UK immigration system will be unable to define who has the right to stay and who must leave when Brexit finally bites. There is no means of tracking EU nationals when they enter or leave the UK. There is a very real fear that EU nationals living in the UK legally will be left in a chaotic no man’s land as for some people there will be no way of demonstrating the validity of their right to live in the UK.Read Article
Following to a recent judgement of the British Courts, relating to a Sardinian citizen, residing and employed in London, who wished to participate in the most important religious festival of Sassari (Sardinia), questions have arose in relation to workers’ protection against religious discrimination at the place of work.Read Article
With the Legislative Decree 136/2016 which implements the “Enforcement” Directive (2014/67/UE) Italy strengthens the rights and protections afforded to workers posted between Member States and elsewhere relating to their terms of employment, remuneration and working conditions.Read Article
The rising level of investment scams poses a major threat to the financial security of many individuals. The speed with which the fraudsters operate and the methods they employ leaves little time for the target to question the proposition or recognise that it is a scam until it is too late.Read Article
Competitor pay per click campaigns where a company bids for the name of a rival in the hope that a customer or client who searches for a particular company will not notice when a similar company, rather than the company they selected, appears in the search suggestions. This practice has always been regarded as a little underhand.Read Article
There can be few holiday experiences more upsetting than having your holiday ruined by illness. Many people look forward to a holiday of a lifetime, perhaps a luxury cruise or a trip to an exotic or far flung destination costing a consider able amount of money, only to find that the only thing they see is the hotel bedroom, cabin or worse still foreign hospital ward.Read Article
According to Italian law, it is not correct to state that a person born by Italian parents needs to apply to obtain citizenship because such person simply has to claim his right to become a citizen, because he has always been one. Italian citizenship is not determined by where the applicant was born but rather by family members who are citizens of the nation. Italy is one of the only countries in Europe with laws that allow for citizenship through blood that can go back many generationsRead Article
Further to the recent announcement that our Binary Options litigation team had confirmed a new partnership with a global finance firm focused on litigation funding to finance the increasing number of litigation cases relating to the forex and binary option sectors, we have now received confirmation that Banc De Binary will be closing its operations worldwide.Read Article
If you were a beneficiary of someone who left assets in Spain but you were not yourself a resident of Spain you may have paid a higher rate of inheritance tax and may be due a refund since a ruling in the European Court of Justice in September 2014 which decided that the difference applied between residents and non-residents with regard to the application of inheritance tax and gift tax was discriminatory. The Spanish legislator has therefore been obliged to amend the inheritance tax law.Read Article
As reported by German officials, a trade deal between the European Union and the United Kingdom may require more than two years to be negotiated. A cautious optimism can however be perceived in regards to the issue of citizens’ rights. “A post-Brexit trade deal between the European Union and the United Kingdom is very unlikely to be concluded within the time scale of two years”, said Stephan Mayer, the home affairs spokesman for Angela Merkel’s party.Read Article
The UK Supreme Court Ruling Today Will Help to Clarify the Grounds for Inheritance Challenges of Adult Children
The Supreme Court ruling, expected today, in the case brought by Heather Ilott following her exclusion from her mother Melita Jackson’s will should assist in clarifying the law relating to the grounds on which family members who are excluded from an inheritance can overturn a will.Read Article
The UK is expected to face additional legal challenges in relation to its permanence in the single market in a post-Brexit scenario, as reported by Open Britain (a cross-party campaign for the best deal with Europe).Read Article
An alarming consequence of the Brexit vote became apparent during the recent legal challenge at the High Court aimed at forcing the British prime minister, Theresa May, to acquire the explicit approval of Parliament before triggering Article 50.Read Article
It is probable that when the British government sanctioned marriage for same sex partners and enshrined the decision in the Marriage (Same Sex Couples) Act 2013 they undoubtedly thought they had squared the circle of discrimination as far as equality for all life partnerships was concerned.Read Article
British Ministry of Justice Acts to Protect Children of Divorcing Couples in Cross-border Separations and Divorce
An important decision was announced yesterday by Sir Oliver Heald, the justice minister in the British government, it has been decided that it is in the UK’s best interests to accept and opt into a proposal made by the European Commission to repeal and update the legal mechanism, known as the Brussels 11A regulation, which assists separating and divorcing couples settle disputes relating to both the custody of their children and their divorce when more than one country is involved.Read Article
The result of the British referendum has shocked the whole world. However it must be remembered that an official withdrawal from the EU has not taken place yet, changes in laws, regulations, taxes and other legal conditions are difficult to estimate at the moment. In any case it can be assumed that these changes would lead to additional costs and work efforts for both sides, the UK and the European Union.Read Article
International law firm Giambrone (SLG) today announces the appointment of former Hammonds lawyer Barbara Niemann Fadani as Partner of their German office and head of Intellectual Property Group in Munich.Read Article
The Seychelles may become a popular holiday destination for the LGBT community, as its Parliament passes Penal Code (Amendment) Bill, 2016. decriminalizing homosexuality.Read Article
Regulations in Italy stipulate that International business-to-business transactions must be paid within 30 days from the invoice date, and any extension beyond the period gives the creditor the right to claim interest without a dunning letter, as per the rate agreed upon on the agreement contract. If there is no agreement in place, then the European Central Bank interest rate, which is reviewed in January and July, increased by at least 8% points, is applied.Read Article
In Italy, a debtor should pay an invoice within 30 days which is actually shorter than other EU countries (60 days). However companies in Italy do not usually follow this rule with the public sector taking up to a year to pay. As a result, collecting debts in Italy are more difficult than for example the UK or USA.Read Article
International law firm Giambrone (SLG) has today announced the expansion of its Corporate and IP Practice to the Arab countries with the signing of a new strategic partnership with Jordanian law firm Abu-Setta & Partners, one of the largest IP firms in the Middle East, with head office at Amman.Read Article
Prior to Directive 2007/64/EC of The European Parliament and of the Council of 13 November 2007, the framework of the payment services markets of the Member States was fragmented into 27 national legal systems.Read Article
Giambrone, the Italian law firm whose Maritime insurance lawyers have assisted the victims of the Costa Concordia disaster and successfully recovered several thousand euros in damages and compensation from the Italian cruise ship operator, has today announced that they will be launching a similar class action on behalf of the passengers on board the Italian-owned Norman Atlantic vessel against the Italian owner of the boat, Visemar Di Navigazione.Read Article
Skiing and snowboarding accident claims: An important Judgment of the Italian Supreme Court [N. 28616 of 20.12.2013] excludes strict liability for the Ski Resort Operator if an accident on the slopes has been caused by excessive speed.Read Article
It is generally recommended that foreign citizens owning assets in Italy draft an Italian will. This will prevent significant difficulties that heirs might experience when transferring the ownership of Italian properties or other movable assets such as funds held in postal bonds or bank accounts in Italy originally registered in the name of the testator.Read Article
Giambrone Law wins award for ‘Best Marine Law Firm 2013 – Italy’ in Acquisition International M&A Awards
Giambrone Law is pleased to announce its recent win at Acquisition Internationa’s M&A awards. Giambrone was recognised for its work in Maritime Law in Italy and its involvement in acting for several victims of the Costa Concordia disaster, recovering significant financial compensation on behalf of the firm’s injured clients from Costa Crociere SpaRead Article
Giambrone, the European Law firm, has today announced an expansion of its Spanish operations with the launch of a dedicated Spanish Law Department and the opening of a new office in Barcelona in January 2014. "Spain has always been a core market for our business - says Brendan Dine, Practice Director of the Giambrone Group of European companies - since 2010, we have invested in the Spanish market by recruiting talented Spanish lawyers to help us expand our firm in Spain"Read Article
Italy’s Parliament approved a controversial law on Friday forcing tech giants like Google to sell advertising online only through Italian intermediaries, provoking anger from digital economy experts.Read Article
For the second consecutive year, Giambrone Law has been lauded with ‘Best Italian Law Firm 2013” recognition in a readers’ poll conducted by Acquisition International for “innovation and performance across the business, legal, financial and investment communities.”.Read Article
If you have been involved in a car accident in Italy and have suffered damages, there are a few important things you need to note. As any Italian personal injury lawyer will tell you, according to Italian Law, the person who caused the damage has the duty to restore the victim back to the position they would have been in if the damage had not occurred - as set out in articles 2043 and 2054 of the Italian Civil Code.Read Article
Trusts are still alien to the Italian legal system as they are essentially based on concepts in contrast with the Italian general principles on ownership. As the Italian legal system does not have a definition of trust, the Hague Convention has provided one, together with rules to be applied by Italian judges in the presence of conflicts in case of assets in trust located in Italy.Read Article
Giambrone Law Instructed by British family after Italian Authorities Seize their Holiday Home in Dolcedo
Giambrone Law has been instructed to act on behalf of a group of foreign property owners - including a British family from Surrey - in the defence of a recovery action by the Italian authorities.Read Article
Giambrone Law - the Anglo-Italian law firm that provides legal services across a wide variety of practice areas – is pleased to announce an out-of-Court settlement in a professional negligence case against a leading Scottish law firm, now in administration, and its professional indemnity insurers.Read Article
Analysis and commentary of the recent UBS vs. Regione Calabria High Court Judgment in respect of the issue of service of proceedings in EU countries.Read Article
How to prevent foreign inheritance laws from affecting your summer villa. Owning holiday homes abroad has become increasingly common amongst English people. The idea of purchasing a second property in places like Tuscany, the French Riviera or Spain is undeniably appealing, and also represents in many cases a good investment.Read Article
Gabriele Giambrone, Managing Partner at Giambrone Law ILP, the Anglo-Italian law firm, comments on the failed venture of the British firm, British Gas and its decision to forego its business venture in Southern Italy. Setting up a business in a foreign country can be a daunting endeavor.Read Article
The Italian term “Avvocato” (from Latin “advocate”) is normally translated with similar equivalent terms in the English language, namely with the expressions “Italian lawyer” or “Italian solicitor” in England, Wales and Ireland or “Italian attorney” in the United States.Read Article
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Gabriele Giambrone Provides Infomation On Sky News
A. Hi, Colin. Well, this is a difficult question because from a legal point of view we must remember that Amanda Knox is still an innocent person because in the Italian judicial system, everyone is deemed to be innocent until the three steps of the appeals procedure are completed so assuming that the Corte Cassazione, the High Court will uphold the judgement, it is questionable whether she would return to Italy but in my opinion, she would not come back to Italy.
Q. Is it right to say, Gabriele, there is only one, or are there more appeal steps left?
A. Yes, that’s right, there is one more appeal. The lawyers for Raffaele Sollecito have already announced that they are preparing an appeal. The final appeal will be to the Corte Cassazione, which is the Italian Supreme Court, which can only look at matters of law and not at issues of fact, so any possibility of appeal would only turn on whether any legal arguments could be put forward, but the findings, the facts as such, have already been established by the Court of Appeal and so no longer can be put into debate.
Q. Yeah, and who would make that final decision, Gabriele, in terms of whether…I mean, assuming that that final court upholds the conviction? Would it be a politician or would it be a judge who would make that final decision to say, “OK, we now want to send the papers to America and we are seeking the extradition of this woman” because obviously, to some degree, the story is politically loaded -- lots of media attention – whose decision would it be?
A. Ah, no, no, no. We have a very clear distinction between the political system and the judicial powers here in Italy so it would be a judicial decision. What would happen is that effectively, if Amanda Knox and Rafaelle Sollecito were found guilty at the third step of the appeal, then there would be an order for Amanda Knox to be extradited and what may happen I presume, is that her American lawyers would argue that under American law, she should not be brought back to Italy under the principle of “double jeopardy.”
Q. And in terms of extradition proceedings between America and Italy, how well used is that treaty?
A. Well, the treaty has been used and it’s fair to say there is a good cooperation between the two countries, however it is also fair to say that the American authorities are very protective and they interpreted the treaty perhaps to protect their own citizens, so whether from a factual point of view, it is my own personal view that she would return to Italy, I think the chances are very low. From an Italian legal point of view, the judgements of the Court of Appeal in Perugia – the acquittal judgement – has been annulled as though it never existed which means it doesn’t have any legal standing, therefore it is wrong to say Amanda Knox was found not guilty so there is no double jeopardy as such. There is one judgement, which is the judgement of the Court of Appeal in Florence. She has been found guilty and therefore under Italian principles, we have no doubt that she should be extradited. Whether she will come to Italy is a separate matter.
Q. Gabriele Giambrone, as Managing Partner of Giambrone Law, who are an anglo-Italian law firm, Gabriele, thanks very much indeed.
A. (nods thanks)