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Clare, Solicitor
Category: UK Law
Satisfied Customers: 34105
Experience:  family solictor with 25 years experience
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IN november i used a very well know italian investigating company

Resolved Question:

IN november i used a very well know italian investigating company ( who is recognised by the british courts and operates with a very well known uk firm) to serve the international freezing order to my husband (although it had been served on to him by the court as first clarr royal mail, by me as recored delivery and by my italian lawyer by fax).
this company has failed to serve him with the international freezing order claiming my husband failed for 3 times to open the door.
i was asked to get the judges clark telephone number in order for this person to find out what the procedure in this case would be (i.e. a statement telling the court it should considered it as deemed served as he failed for 3 times to open the door, although the investigators spoke to him on the phone and entry phone), but then the investigating company calimed they never managed to speak to the judges clark as being a visisting judge they are often away.
i went to the high court myself and was told the judge is not a visiting one but a full time one in the strand.
i called the investigating company who find another excuse, saying " a mess" happened on my file and that they would call back.
they never did. i send them an email asking what steps they intend to take and to explain why their attitude was not professional and why they failed to serve the international freezing order.
they never replied to my mail.
because the person i dealt with is the company owner and works with the english courts:
1) what can i do?
2) can i go before the judge showing the invoice i have paid for the service and the email in english i sent him and ask the judge to consider the international freezing order as deemed served ?
3) having it being served by the court, by myself as a recorded delivery and by my italian lawyer by fax, is it considered as deemed served anyway?
4) as the judge ordered the Respondent to pay my costs because of unreasonable behaviour, can i include the bill for the investigating company?

many thanks
Submitted: 4 years ago.
Category: UK Law
Expert:  Clare replied 4 years ago.
If the firm is in Italy then you may need to pursue any action against the firm there.
However you can indeed go before the Judge with all the evidence that you have and ask that the Order is deemed to have been served and you can claim the costs involved
Customer: replied 4 years ago.
Dear Claire,
The Respondent's solicitor had verbally admitted and accepted ( during a hearing) service, but the Respondent is now claiming that if this is not registered with the Italian court he shall not be bound to it as not being valid.
I had articles 54 & 58 of eu regulation been allowed by the high court which issued me with the annex V certificate for those to be applied in the EU.
Does the certificate have to be necessarily be registered with the Italian court for the freezing order to be in power or the fact that I have served the respondent with it is it sufficient?

Many thanks dear Claire
Expert:  Clare replied 4 years ago.
That is Italian and not UK law and you would need to ask that in the Italian Law Section I am afraid
Clare and other UK Law Specialists are ready to help you
Customer: replied 4 years ago.
Hello, I am in ancillary relief, on 2 nd may the judge ordered my husband should pay towards my legal expenses as well as some backdated maintenance form me. He was also ordered to pay child maintenance into my account. His solicitor wrote to me saying that for June I can still use the credit card to pay for child maintenance as he has n t got the money to pay into my account. But he has failed to pay £15,000 for my award for legal expenses as well as my backdated maintenance from an account I froze at the end of February. I know I should go back to court to have the court order enforced, but my worry is that he wants to give up being part in UK proceedings and doesn't t want to comply with court orders anymore.
Can he do that?
On 25/06 there is a hearing listed in Italian court as he is trying again to move jurisdiction to Italy, although I have not been notified as it happened in December, I came to know about it as my Italian lawyer checked it at the listing office in Italy and found it was listed. The Italian judge in December said jurisdiction should remain in the UK as per Brussels 2 being the first in time, this hearing was to see if the proceedings were going ahead in the UK , but he never withdrew his application in Italy nor he notified me.
Due to the high level of corruption in Italy, I fear he will be able to do something.
Should I worry? What else could I do apart from going back to court and having the court order enforced? Many thanks. Regards
Expert:  Clare replied 4 years ago.
I am afraid that enforcing the Order is the only option.
No matter what he does in Italy there is no basis on which the UK courts will stop the current process
Clare and other UK Law Specialists are ready to help you