Giambrone & Partners > London, England > Firm Profile
Giambrone & Partners Offices
Giambrone & Partners
12 Bridewell Pl
LONDON
EC4V 6AP
England
12 Bridewell Pl
LONDON
EC4V 6AP
England
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Giambrone & Partners > Firm Profile
Giambrone & Partners is an international multi-jurisdictional, multi-lingual law firm with years’ experience in providing dynamic, solution-focused international legal advice, across a range of jurisdictions to both our corporate and private clients. We also advise our clients in local domestic matters. Our clients value the firm’s capacity and in-depth knowledge across a wide range of jurisdictions, together with our local cultural knowledge and insight, all found under one roof.
The firm was founded in 2005 with the opening of two offices, one in Palermo, Sicily and one in Greater London, from the onset, the aim was to provide both private clients and commercial clients with exceptional client-focused legal advice across a range of jurisdictions with a focus on cross-border contentious and non-contentious matters, delivered in their own language,
Over the next five years Giambrone & Partners gained, not only additional offices in Italy, but also opened offices in Spain and Tunisia. As the expansion programme continues, the present day sees the firm with seven offices in Italy, Catania, Milan, Naples, Palermo, Rome, Sassari (Sardinia) and Turin, three offices in Spain, Barcelona, Madrid and Gran Canaria, three offices in the United Kingdom, Birmingham, Glasgow and London an office in Tunisia, Tunis an office in France, Lyon an office in Brazil, Sao Paolo and an office in Portugal, Porto and lastly Casablanca in Morocco.
In recognition of the increased globalisation for both businesses and individuals Giambrone & Partners continues its expansion programme with a conscientious focus on building teams with the expertise to address our clients’ worldwide requirements, enabling our well regarded cross-border lawyers to provide our clients with exceptional legal advice to achieve their objectives.
From the start Giambrone & Partners actively practiced inclusion of all sectors. Our workforce is composed of a wide range of nationalities by virtue of our offices in Europe and elsewhere. We enjoy a mix of nationalities, cultures and sectors, with a broad age range, which we believe serves to enhance our success by providing an insight into the perspective of our clients and brings a true understanding of their concerns. Giambrone & Partners’ LGBT division which includes individuals from that sector, which enables us to have more than empathy but genuine awareness of our LGBT clients’ unique issues that are not experienced by society in general. Giambrone & Partners strongly believes that no individual should be regarded or treated differently due to their race, gender, sexuality, age, beliefs or disability. Our aim is to ensure employees, clients, suppliers and visitors are treated equally and with respect at all times.
Giambrone & Partners addresses the unique factors that impact on cross-border matters and to further assist our clients in navigating the international landscape, in that our lawyers are encouraged to acquire legal capacity in additional jurisdictions, as well as the ability to appear before higher courts, as part of a continuous programme to enhance our legal expertise and expand the firm’s jurisdictional capacity to address our clients’ high-stakes and often complex legal issues. The managing partner, leads by example, in addition to being an Avvocato Cassazionista in Italy and an Abogado Spain he was called to the Bar of England and Wales in 2021.
Our widespread legal capacity enables the firm, when required, to draw together teams of lawyers from our European and non-European offices to orchestrate and coordinate proceedings in multiple jurisdictions and deliver perceptive legal expertise to our clients in their own language and also removing the potential for the misunderstandings that can arise when separate law firms in different countries have to be instructed in cross-border cases.
The scope of services Giambrone’s experienced lawyers can provide to our private clients ranges from complicated divorce cases including the sensitive issues surrounding children, such as financial arrangements, residency and child abduction. We also can assist with contentious disputes concerning inheritance matters, as well as assisting with overseas real estate, including tax and wealth management, immigration and also personal injury from catastrophic injuries involving expert witnesses to traffic accidents and incidents abroad relating to negligence in hotels, cruise ships and other organisations as well as criminal defence.
Our capacity to assist in corporate and commercial includes litigation and dispute resolution, commercial contracts, intellectual property, technology, insurance and re-insurance, cross-border debt collection, mergers and acquisitions, insolvency and banking and financial disputes. We aim to meet our clients’ business expectations and protect them from avoidable risk.
Main Contacts
| Department | Name | Telephone | |
|---|---|---|---|
| Head of European Litigation and Global Managing Partner | Gabriele Giambrone | g.giambrone@giambronelaw.com | +44 (0) 207 183 9482 |
| Corporate and Commercial, Criminal Defence | Vincenzo Senatore | v.senatore@giambronelaw.com | +44 (0) 207 183 9482 |
| Commercial and Financial Services Litigation | Joanna Bailey | j.bailey@giambronelaw.com | +44 (0) 207 183 9482 |
| Employment | Daniel Theron | d.theron@giambronelaw.com | +44 (0) 207 183 9482 |
Lawyer Profiles
| Photo | Name | Position | Profile |
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Mr Olu Ajasa | Olu Ajasa is a partner in the London office. Olu has extensive… | View Profile |
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Joanna Bailey | Associate | View Profile |
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Alessandra Bellanca | Director of SARL | View Profile |
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Demetri Bezaintes | Junior Associate | View Profile |
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Giorgio Bianco | Giorgio Bianco is a Resident Partner and Head of Sardinian and Tunisian offices. | View Profile |
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Gonzalo Butori | Partner | View Profile |
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Graziano Cecchetti | Partner | View Profile |
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Mr Sergio Filonenko Kibu | Sergio Filonenko Kibu is an associate Sergio Filonenko Kibu is an Abogado… | View Profile |
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Gabriele Giambrone | Global Managing Partner, Head of European Litigation and Dispute Resolution team | View Profile |
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Mrs Valentina Giarrusso | Valentina Giarrusso is Of Counsel in the London office. Valentina graduated in… | View Profile |
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Mr George Lake | George Lake, is Of Counsel, in the London office. George is an… | View Profile |
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Vincenzo Senatore | Partner | View Profile |
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Daniel Theron | Partner, Head of LGBT division | View Profile |
Languages
English Italian German Russian Spanish French Arabic AfrikaansClient Testimonials
CLIENT: Claudio Costagliola
TESTIMONIAL: Giambrone is undoubtedly a highly qualified professional law firm, very knowledgeable in both the UK and European laws and I strongly recommend them to anyone dealing with complicated legal cases; the lawyers involved with the case were of a very high calibre with an exceptional attention to the details but they also managed the case with transparency and a logical/structured approach, important when dealing with long expensive cases. I liked their personal touch. If you are looking for professionalism, knowledge of legislation (UK and European), this is the legal firm for you. I consider myself lucky to have found them.
CLIENT: Andrea Di Risio
TESTIMONIAL: Giambrone is a highly qualified professional law firm. I was able to make contact with this study during the practice of equivalence of my PhD. In fact, to obtain recognition of my educational qualifications in Italy I encountered several difficulties and a lack of information on the procedure to follow. However, once I made contact with the Giambrone law firm I was followed in every single step and informed about all the obligations to be carried out. In particular, I was able to relate to the lawyer Senatore, a competent, professional and always available person. The answer to my every doubt or perplexity on the part of the lawyer has always been fast and exhaustive and the whole bureaucratic process has been completed very quickly. I can only be satisfied and recommend the Giambrone law firm to anyone in need.
CLIENT: Michael Tenitsky
TESTIMONIAL: We wanted to thank the Giambrone team and Alessandro Gravante personally, who provided a great service and helped to recover debt in quite a complex litigation involving a debtor in Italy. Alessandro was instrumental in proposing the overall strategy, negotiating the repayment terms and preparing the settlement documentation with the debtor. The debt was settled amicably, we managed to avoid prolonged litigation and were able to collect the debt in a timely and cost efficient manner.
CLIENT: Gerald McCabe
TESTIMONIAL: I was struggling to find a firm of solicitors to pursue a matter in Italy; UK firms I had been pointed to by my travel insurance company and other sources contacted indicated that without a presence in that EU country they could not assist. I then pursued an internet search for firms that could help in Italy and was directed to Giambrone; from the point of initial contact outlining the matter I needed resolved through to the subsequent satisfactory conclusion of the matter the professional and attentive response of this organisation has been exemplary. I would strongly recommend
CLIENT: Jane Cristiano
TESTIMONIAL: I was delighted with the services of Giambrone, which I consider far exceeded the norm. Every staff member I dealt with was helpful, good humoured and efficient. Dealing mainly with Elze Obrikyte, and frequently advised by Giandomenico Murro, I found their services professional and efficient. I was informed at every stage with full explanations as to next steps and procedures which proved very reassuring. Such was the level of assistance that Mr Murro personally to ensured I had all I needed. I have recommended Giambrone’s services to friends and colleagues and would not hesitate to do so again.Thank you Giambrone
Interviews
Joanna Bailey, Head of banking and financial fraud litigation department
Joanna Bailey has driven and developed the banking and financial fraud litigation department finding ever more agile strategies to assist in the restoration of her defrauded clients funds.What do you see as the main points that differentiate Giambrone & Partners from your competitors?
Financial fraud is a global phenomenon and Giambrone & Partners’ exception multi-jurisdictional capacity considerably assists in pursuing and restoring our clients’ money. We have the capacity under one roof to deal with multiple jurisdictions.
Which practices do you see growing in the next 12 months? What are the drivers behind that?
There is no doubt that the banking and financial fraud department will continue to expand, especially after the firm’s recent success in delivering court papers as an NFT through blockchain to persons unknown. The fact that the court sanctioned this method of service provides the victims of crypto fraud with some hope that they may see their money returned to them. Our European real estate departments in our offices in Italy Spain Portugal and France will almost certainly see expansion. The shipping and catastrophic Injury practices will also expand particularly as the geopolitical landscape has become considerably more volatile .
What’s the main change you’ve made in the firm that will benefit clients?
My constant and frequently successful search to find a counter strategy to financial fraud that will restore my clients’ funds which has significantly raised the firm’s reputation in this field.
Is technology changing the way you interact with your clients, and the services you can provide them?
Technology will considerably assist in the pursuit of the perpetrators of fraud, in addition to providing a faster more efficient service with an undeniable record of the actions taken.
Can you give us a practical example of how you have helped a client to add value to their business?
Business men and women are frequently targeted in financial frauds including romance fraud, a particularly unpleasant type of fraud. By regaining the defrauded funds for a business client most definitely adds value to their business.
Are clients looking for stability and strategic direction from their law firms – where do you see the firm in three year’s time?
In the fast paced global markets business clients are looking to preferred and trusted advisors to keep them informed and advised. Giambrone & Partners is undergoing an expansion programme aimed at providing legal advice in the worldwide markets that our clients wish to trade in. In recognition of this our lateral hires will be qualified in more than one jurisdiction and be capable of speaking more than one language. The firm will almost certainly have doubled in size and have attracted exception expertise.
Press Releases
Giambrone & Partners successfully defended a Commercial client in a €1 million damages case
9th August 2022 Giambrone & Partners’ cross-border litigation lawyers, led by Gonzalo Butori, a partner in the London office and Angel Moncada a partner in the Madrid office, have successfully defended a complex multi-jurisdictional matter.New path for recovery of assets in Cryptocurrency fraud
26th July 2022 Investment fraud has become the scourge of the modern world with multiple regulators and other agencies pointing to the inextricable rise of financial fraud, which is now the leading crime in the United Kingdom. Fraudsters are adaptable and agile and quick to recognise a potential vehicle for fraud and therefore cryptocurrency frauds have risen to £146 million ($200 million) in the UK in 2021, according to the City of London Police.Joanna Bailey head of banking and financial fraud litigation department is Lawyer of the Week in The Times
26th July 2022 Joanna Bailey, head of the banking and financial fraud litigation department, has been made Lawyer of the week in The Times newspaper as a result of the landmark case D’Aloia v. (1) Persons Unknown (2) Binance Holdings Limited & Others resulting in the service of court documents as a non-fungible token (“NFT”) through blockchain.Giambrone & Partners’ banking and financial fraud lawyers recover £25,000 for defrauded clients through a Watchdog
30th March 2022 The latest report from Victim’s Commissioner states over 4.6 million individuals are subject to fraud every year. Many of whom will suffer significant life-altering losses that they cannot recover from.Class action against AlgoBanque
17th May 2021Giambrone's Financial Services Litigation team is now working in conjunction with the Swiss Financial Market Supervisory Authority to expose AlgoBanque which falsely claimed to have an office in Switzerland on its website.
Legal Developments
Breaking News – First Default Judgment where the Claimant is based abroad
18th December 2023 The High Court granted the first default judgment in a claim relating to an alleged Bitcoin fraud perpetrated by fraudsters based abroad; the defendants are, an individual known as both Alan Bart and A. Philpott who is associated with FCA Automatic and Capital Usage and persons unknown involved with a crypto wallet at quogi.com related to Huobi Global Ltd., Capital Usage Ltd., Wade Press UK Ltd.Will the Government’s World First AI Safety Institute be able to protect against the Risks of new developments in Artificial Intelligence?
18th December 2023Technology is part of everyday life and plays an increasingly significant part in commerce. Keeping pace with technological innovation is now becoming a key differentiator in most commercial sectors. Businesses that fail to implement and use new technology may lose ground that they find they cannot recover.
The UK takes the initiative in AI development and regulation
18th December 2023 The accelerated speed at which Artificial Intelligence (AI) is developing worldwide will not slow down but only increase. The UK and the US both appear to want to lead the way globally with regard to AI, shaping the future of innovation, governance and social progress.The Reality of the Government’s announcement on Curbing Net Migration
18th December 2023 The Home Secretary, James Cleverly, announced some game-changing new rules in a five-point plan to reduce legal immigration, stating "Enough is enough …Immigration policy must be fair, legal, and sustainable." The growing numbers of foreign nationals seeking to live and work in the UK is one of the biggest challenges facing the Government with net migration reaching record numbers of 745,000 in 2022.Essential Contractual Clauses to Mitigate the Risks in Cross Border Transactions
18th December 2023 There are a number of steps that can be enshrined in a contract to mitigate the risk of disputes in commercial agreements. There are a range of clauses that limit the escalation of a dispute and control how and where it is dealt with, should a conflict arise. It is especially important to consider such clauses when the transaction involves a cross-border element.The Arbitration Bill
18th December 2023 England & Wales is the leading jurisdiction for commercial arbitration. In March 2021 the Ministry of Justice invited the Law Commission to review the Arbitration Act 1996 to ensure that it was still fit for the purpose or whether amendments were required to preserve England & Wales’ position.A new Antidumping and Countervailing matter centred in the U.S. against Italian companies
23rd November 2023 The U.S. Department of Commerce has recently started an antidumping and countervailing investigation against foreign companies on imports of aluminium extrusions 15 countries are involved in this complex case, being Colombia, the Dominican Republic, Ecuador, India, Indonesia, Italy, Malaysia, Mexico, the People’s Republic of China, South Korea, Taiwan, Thailand, Turkey, the United Arab Emirates, and Vietnam. The four countries related to the countervailing petitions are Indonesia, Mexico, China, and Turkey.Are you Owed mMoney by a Company you do business with? A Guide to the Steps a Creditor can take against a Debtor
23rd November 2023 The current economic crisis seems to have avoided a deep recession, however growth is limited as factors such as inflation have not returned to the former low rate. Many businesses are experiencing increasing late payment, with their debtors delaying payment of outstanding invoices, not only beyond the terms of the agreement but to the degree that creditors are compromised.The ongoing battle against Crypto Currency Fraud
23rd November 2023 Crypto currency is now firmly established, having first arisen in 2009 when it rapidly gained traction. Its decentralised status was appealing to many investors. However, there was a significant divide as to how it was regarded. Many sources regarded as the future of money whilst others were considerably more cautious.Only one year left to acquire Spanish Nationality through the Democratic Memory Law
23rd November 2023 The Spanish government enacted the Spanish Democratic Memory Law in October 2022 to rectify the detriment caused by Francoist regime when a many Spanish citizens lost their citizenship through a wide range of objections that the dictatorship applied.A Guide to Insolvency and how to Avoid it
23rd November 2023 The economy has been hammered by a series of damaging situations from Brexit, the pandemic and from a doomed economic policy delivered by the 49-day government in 2022. It is not unexpected that there have been a higher number of company failures. The Insolvency Service disturbingly reports that in the past two quarters insolvencies were at the highest level since the second quarter of 2009.The New Rules regarding the Automatic Extension of Pre-settled Status
30th October 2023 The Home Office announced a significant change to the immigration rules relating to individuals living in the UK with pre-settled status under the EU Settlement Scheme.The impact of Data Protection Breaches and Cyber Attack
30th October 2023 Foundation of the Information Commissioner’s Office and the first Data Protection Act in 1994, introduced a regime that has considerably strengthened the rights of the individual and limited the extent that their personal data and critical financial information can be disseminated to third parties. The law has continually evolved to embrace new threats such as the emerging cyber threats.Recovering an outstanding invoice in Spain
30th October 2023 Regardless of the fact that the United Kingdom left the European Union in 2020 trade between the UK and Spain is still substantial. The Office of National Statistics (ONS) https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/1185828/spain-trade-and-investment-factsheet-2023-09-21.pdfHow to manage your Overseas Assets or Business Affairs with a Power of Attorney.
30th October 2023 A Power of Attorney (POA) refers to a legal document that provides legal authorisation to a designated person - the attorney, it conveys the power to act on behalf of another person - the donor. A Power of Attorney is closely associated with assisting a person to deal with their own affairs. However, this is not the only application.Changes to Parental Responsibility in the event of Domestic violence leading to Murder.
30th October 2023 There is to be a welcome amendment to the Victims and Prisoners Bill https://bills.parliament.uk/bills/3443 preventing a parent that is convicted of killing a partner or ex-partner with whom they have children to retain their parental responsibility upon sentencing.The concept of Articifical Intellegence is providing another path to Fraud
12th September 2023 We have become accustomed to the advances in technology moving quickly but the speed that Artificial Intelligence (AI) has developed is exceptional.Do not Resist, Disobey or Argue with the Police in Spain or you could be Arrested
12th September 2023 As the holiday season gets underway a considerable number of British citizens will make their way to Spain to enjoy the sun and nightlife.Widespread concerns regarding Cryptocurrency Fraud
12th September 2023 Cryptocurrency has been with us for some years now and yet there is no consistency regarding regulations to protect consumers and govern the crypto market.An Overview of a Skilled Worker Visa holder Sponsorship Licence
12th September 2023 The latest report from Manpower Group demonstrates a growing skills shortage with three in four employers stating that they are finding difficulty in recruiting the expertise they need for their businesses.The Supreme Court rules on the liability of banks in relation to Quincecare Duty
7th September 2023 The Supreme Court judgment made this week in the case Fiona Philipp –v- Barclays Bank UK PLC related to the authorised push payment (APP) fraud perpetrated on Ms. Philipp amounting to £700,000, whilst it clarifies the liability of bankers towards their customers caught be APP fraud, it is likely to negatively impact on future victims of APP where money is unwittingly sent to fraudsters abroad.The concept of Artificial Intelligence and its developing degree of cognisance is providing another path to Financial Fraud
7th September 2023 We have become accustomed to the advances in technology moving quickly but the speed that Artificial Intelligence (AI) has developed is exceptional.The Vital importance of Protective Clauses in your Contracts
7th September 2023 The global economic climate following the pandemic and the Eastern European conflict makes it tougher for most companies to gain new business.The Competition and Markets Authority prevented from investigating Apple Inc.
7th September 2023 The investigation by the Competition and Markets Authority (CMA) was intending to look into the influence and control that Apple Inc. and Alphabet Inc., the owner of Google, has over a range of platforms including mobile web browsers, app stores, gaming and operating systems.Major changes to the Student Visa announced by the Home Secretary
7th September 2023 The Government is committed to reducing net migration which has risen abruptly. It can be partly attributed to the hostilities in Eastern Europe and the schemes for Hong Kong.Legal Sanctions imposed on Perpetrators of LGBT Hate Crimes should be Enforced.
7th September 2023 Whilst there have been notable strides made to improve the legal protection, such as the Equality Act 2010 and section 66 of the Sentencing Act 2020 that gives the court the power to grant a sentence uplift to the sentence for any offence that is deemed to be aggravated by the ground of sexual orientation or transgender identity,Legal Protections for Gay Couples living together
7th September 2023 For the past ten years’ same sex couples have been able to marry, since the Marriage (Same Sex Couples) Act in 2013.Clarity from the High Court regarding the Immigration Status of Adult Children relying on a Parent’s connection to the UK.
7th September 2023 The High Court has provided clarity on the rules related to dependency for individuals who are not themselves EU nationals, but have a parent who is an EU national and has status under the United Kingdom’s EU Settlement Scheme.Legal Safeguards may be strengthened to protect and support Whistleblowers
7th September 2023 Whistleblowing has been brought sharply into focus in light of the press reports on the actions of the management of the hospital the Countess of Chester related to the case of Lucy Letby,Guidance on applying for a Global Business Mobility (UK Expansion Worker) Visa
7th September 2023 The pandemic radically disrupted commercial activity across the globe, with many businesses unable to survive.Giambrone & Partners’ targets Cyprus based investment firm, Rodeler Ltd. – Trading as 24 Option, in a group litigation action on behalf of our defrauded clients
7th September 2023 Giambrone & Partners banking and financial fraud litigation department has extensive experience in mounting successful legal challenges to fraudulent investment companies and effectively restoring our clients’ lost funds.Financial Conduct Authority acts to provoke payment firms to improve the protection of customer funds.
7th September 2023 In a drive to strengthen consumer protection from risks arising from insufficient control and oversight of payments made through payment firms,Employment Relations (Flexible Working) Act – Employees will have more influence over where, when and how they work
7th September 2023 Employees will have the right to request flexibility over important aspects of their working time now that the Employment Relations (Flexible Working) Bill has passed into law and awaits Royal Assent.Be prepared for the Economic Crime and Corporate Transparency Bill 2022 or risk an unlimited fine or worse.
7th September 2023 New Law to prevent fraud, false accounting or money laundering The Economic Crime and Corporate Transparency Bill 2022 that is currently travelling through Parliament signals a new appetite on the part of the government to make a concentrated effort to crack down on misconduct in organisations and businesses by introducing a powerful new game-changing legal regime to eliminate fraud, false accounting and money laundering.Artificial Intelligence and the rise of Investment Fraud
7th September 2023 Financial fraud is the largest section of all crime and accounts for 40% of all crime. The Government proposes to invest £100 million and will create a National Fraud Squad (NFS) of 400 specialist investigators.A company in financial difficulties has a far better chance of survival if the advice of an insolvency lawyer
7th September 2023 The news that Wilko is going into administration has shocked the retail sector. The family run business was founded in 1930 as Wilkinson’s by J.K. Wilkinson is now in the position of reducing the numbers of its retail premises, down from the 400 retail units it previously boasted of.Accidents on the Ski Slopes – How to claim compensation
16th January 2023 Winter sports are exciting and highly popular activities. The Association of British Travel Agents (ABTA) in its latest consumer report, suggests that an estimated 1.7 million people are planning or have already booked a winter sports break this season, with many looking forward to skiing or snowboarding. For some, it will be the first time back on the slopes for over three seasons due to the restrictions imposed due to the pandemic.A Guide to Fair and Unfair dismissal
5th January 2023 Dismissal of an employee must be managed within the law and adhere to employee rights in the Employment Rights Act 1966. There are various ways in which an employee can be dismissed. Your employer must have a valid legal reason for your dismissal and must act reasonably.How to negotiate the division of Matrimonial Assets in Divorce
4th January 2023 The Divorce, Dissolution and Separation Act 2020 has removed some of the bitter legal battles over the grounds for ending a relationship; however, the issues of the child and financial arrangements remain. Often these issues are the most divisive and can lead to prolonged disputes.Enforcement of Arbitral Awards under the New York Convention
4th January 2023 Cross-border disputes relating to a range of disagreements from outstanding invoices to shareholder disputes can be lengthy, time consuming and costly when pursued through the courts in most jurisdictions.Settlement Agreements in Redundancy
4th January 2023 Settlement agreements, a legally binding agreement between an employer and an employee ending the employment relationship are generally invoked when a dispute arises and it has been decided to resolve the dispute without recourse to litigation and without the potential for the employee to take the employer to the tribunal or to court at a later date.Does Cryptocurrency sector finally face Regulation?
4th January 2023 The collapse of FTX Trading Ltd. (FTX) and the subsequent arrest of Samuel Bankman-Fried, the founder, has yet again highlighted the significant risk that trading in cryptocurrency poses. Crypto currency enjoys a reputation of being the “wild west” of financial investment sector. The regulating bodies in both Europe and the U.S.A have been murmuring about the need for regulation in this sector for some time and the domino effect of the FTX collapse has sharpened the need.Essential information on the Redundancy Procedure
4th January 2023 Most businesses have suffered several blows in the past two to three years following Brexit, the pandemic, lockdown and the crisis in Ukraine. Now consumer-facing industry sectors, such as hospitality and retail, are struggling to get back on their feet and the economic crisis is adding further problems to be overcome.Spain to launch a Digital Nomad Visa in January 2023
14th December 2022 Spain has always been a highly popular destination for British citizens relocating to Europe with many people owning residential property in mainland Spain and on its famous islands. One of the major impacts arising in the aftermath of Brexit for Spain was the loss of Spanish-based British talent due to the restrictions introduced following the UK's exit from the EU.Deadline for Compliance with the Register of Overseas Entities – 31 January 2023
14th December 2022 Concerns arising from the lack of transparency displayed by overseas entities purchasing and/or holding real estate assets in the United Kingdom and the suspected use of such property for money laundering purposes has resulted in new Register of Overseas Entities (Register) created by the Economic Crime (Transparency and Enforcement) Act 2022 (Act) which came into force on 1 August 2022. The Register arises in order to combat these suspicions, the publicly available register of beneficial owners of such real estate is held by Companies House. The deadline for compliance is 31 January 2023.Unfair Prejudice in Shareholder Disputes
6th December 2022 In many companies the commercial disruption and anxieties experienced over the past two or three years have, in some cases, amplified the tensions between minority and majority shareholders, leading to boardroom disputes based on unfair prejudice.Escape the Economic Crisis in the UK by retiring to Spain
6th December 2022 Retirement years should be relaxing, enjoyable and free from anxiety. A reward for all the years of toil. The impact of Brexit, Covid, the conflict in Eastern Europe and finally the budget bungled by the previous Prime Minister has resulted in a considerable number of over 65s in the United Kingdom facing, for the foreseeable future, an uncomfortable retirement full of deprivation, hardship and pensions that barely stretch to meet their needs. Royal London’s cost of living report has discovered that four in five people approaching or already retired have had to change their retirement plan due to ever rising costs.The Impact, Consequences and Potential Consequences of the implosion of FTX
1st December 2022 Despite the crypto sectors reputation of volatility, the collapse of the crypto exchange FTX has shocked its own investors, the financial sector in general and most importantly its customers.An analysis of the Law Commission’s Review of the Arbitration Act 1996
24th November 2022 After 25 years of the Arbitration Act 1996 (‘the Act’), the UK Government has asked the Law Commission to revisit it to determine if any amendments might be required in various areas, in light of the many years experience since the Act came into force. An update of the Act ensures that it continues to be a solid foundation for domestic arbitration and positions the UK as a premier location for international arbitrations.How to prevent Parental Abduction of Children in Cross-border Divorce or Dissolution
24th November 2022 Few people will disagree that divorce or dissolution is one of the most stressful experiences and is usually a decision that is not taken lightly. There are many factors influence the break-up of a relationship, for example, the extremely challenging consequences of the economic crisis in the United Kingdom has, for some couples, proved to be the breaking-point.Have you been selected for the Redundancy Pool? How to make sure you are not there unfairly
24th November 2022 The Chancellor, Jeremy Hunt, has finally delivered his Autumn Statement. The “unprecedented global headwinds” he mentions coming so closely behind the equally unprecedented series of adverse events over the past two or three years have presented one of the most commercially detrimental situations that the vast majority of businesses have ever faced.The Spanish Democratic Memory Law – righting the wrongs of the past – a new opportunity to acquire Spanish nationality
22nd November 2022 The Spanish government under the Prime Minister Pedro Sánchez has finally published the Democratic Memory Law in the Official State Gazette of Spain, on 20 October 2022.Portugal launches flexible new Digital Nomad Visa for remote workers
21st November 2022 Finally, in recognition of the changing face of the workplace and the rise of remote working, together with increasing globalisation, we are happy to announce that Portugal has introduced a digital nomad visa in October 2022 enabling foreign nationals that are not citizens of a country in the European Union or European Economic Area to live in Portugal for up to one year whilst working remotely for a foreign company. The new visa provides a solution to what is often described as the “visa run” where an individual leaves and returns to a country to accommodate the time scale and enable a new application for a new short term visa.Intercoms 2020 Rules for the CIF – Cost Insurance and Freight
11th November 2022 International contracts typically contain shorthand terms known as Incoterms. Incoterms is an acronym standing for international commercial terms. These standard terms hold a universal meaning for sellers and buyers around the world and are used in sales contracts for importing and exporting, delineating how costs and risks are allocated to the parties conducting international transactions. It is necessary to clarify that Incoterms provide key terms that can be incorporated into a sales contract but they are not in themselves a sales contract. Giambrone & Partners expert maritime an shipping lawyers recommend that, a contract should always be drafted, with expert legal advice, to properly document the whole agreement, incorporating the Incoterms.The Financial Conduct Agency will strengthen the rules to protect vulnerable customers
4th November 2022 The ever-rising occurrence of financial fraud, particularly aimed at susceptible customers in financial retail, has provoked the Financial Conduct Agency (FCA) to take steps to raise the customer duty expected in the financial markets over and above the existing Principle and rules.The scrutiny of Celebrity influencers’ Social Media endorsements may help to reduce financial fraud scams.
26th October 2022 Financial fraud continues to rise year on year, the cost of living crisis will drive even more people to look for ways of enlarging their income and inevitably fall for fake investment opportunities presented to them. As the regulating authorities and law enforcement introduce measures to obstruct the methods fraudsters use to target victims, the fraudsters adapt their scams accordingly.Limitation and exclusion of liability clauses, what they can and cannot include.
26th October 2022 Any commercial transaction carries the risk of liability to the parties. In order to mitigate the risk commercial contracts nearly always contain a contractual term known as an exemption clause. The purpose of exemption clauses is to attempt to exclude or restrict a party’s liability to the other in the event of a breach of contract.Writing Wills for your European property
26th October 2022 The global disruption caused by the pandemic has led many people to re-consider their way of life. The lure of the relaxed lifestyle across a number of European countries together with the warmer climate and Mediterranean diet has resulted in an increase in British citizens relocating to countries in the European Union.Relocation to Europe to avoid the growing cost of living in the UK
26th October 2022 Having lived through the unprecedented times experienced during the past two to three years due to the unexpected and all-encompassing pandemic which severely impacted on commerce across the world and now faced with the economic consequences of the war in the Ukraine, many British citizens are considering a complete change of lifestyle by realising their long-held ambition of buying a house in Europe.Higher levels of Age Discrimination cases emerging as Older employees often do not fear not receiving a Reference
26th October 2022 The past two the three years have seen the biggest changes to the workplace in recent years, from Zoom meetings to hybrid working. Senior management and HR departments must rapidly adjust to the new order.How to avoid Investment Fraud – things to look out for
26th October 2022 Investment fraud is surging due to the fact that immediately after the commercially crippling pandemic lockdown, and the war in Ukraine has rapidly driven up the cost of living. The difficult commercial landscape where profits are rapidly dropping creates fertile ground for investment fraud where the target is initially promised unrealistic returns on their investment.The importance of the safety net of a Letter of Indemnity
10th October 2022 In most business transactions there is always the potential for unexpected irregularities to arise. A Letter of Indemnity (LOI) in shipping is a legal document that exonerates carriers of any liability and claims that might result from changes to the contract, potential damage to the goods, additional costs, or other unfavorable effects.Writing Wills for your European property
10th October 2022 The global disruption caused by the pandemic has led many people to re-consider their way of life. The lure of the relaxed lifestyle across a number of European countries together with the warmer climate and Mediterranean diet has resulted in an increase in British citizens relocating to countries in the European Union.Social Media allows Online Defamantion to spread faster and farther
16th August 2022 Currently, social media such as Twitter, Facebook, and Instagram are powerful online platforms where anyone can ‘tweet’, ‘post’, ‘share’ any kind of material. The platforms are largely self-governing, having initially taken the view that they had no responsibility for the nature of the posts their users chose to post. However, somewhat reluctantly social media platforms have introduced Codes of Conduct to limit the comments that those posting can make, with the ultimate sanction of withdrawing their account. However, blog posts, online comments or tweets, and even Google reviews can also become very dangerous for someone’s reputation and lead to irreparable consequences.What to do if you are Arrested in Europe
11th August 2022 Many people are looking forward to a relaxing break on holiday in Europe, hoping to let off steam after the long months putting up with the pandemic, politics plus the impending financial downturn. Nobody sets off on holiday expecting to be arrested but it becomes a stark reality for some people. The Foreign and Commonwealth Office confirms that hundreds of British citizens are arrested across Europe each year whilst they are on holiday.The Growing use of Blockchain in the Law and Commerce
28th July 2022 The new development in connection with the service of legal documents arising from Giambrone & Partners landmark High Court case D’Aloia v. Persons Unknown changes the face of future litigation in contentious cyber disputes.Giambrone & Partners successfully combats Crypto fraud with a Ground-breaking Judgment at the High Court
18th July 2022 Crypto fraud seems to be expanding exponentially with a reported 58 per cent increase in crypto theft in the past 12 months according to a report by cyber security firm NordVPN Giambrone & Partners banking and financial fraud litigation team has developed a novel strategy that has resulted in a ground-breaking Judgment in the High Court enabling our client and potentially other victims of crypto fraud to claw back their stolen funds.Giambrone & Partners has successfully obtained a judgment from the High Court in London amounting to £496,019 for a client caught in an investment fraud
27th May 2022 The consequences of the significant rise in investment fraud during the global lockdown arising from Covid 19 are still being felt by victims. Many of whom will feel a life-long impact from their losses.Defamation – How to limit the damage and protect your reputation
9th May 2022 As the proverb says, the pen is mightier than the sword. In today’s world, that has never been more true. With a single comment, individuals can send ripples across the world that seriously impact on the reputation of others.Setting up a Busines in Spain – An Overview
5th May 2022 There have always been strong trading links with Spain and regardless of Britain’s exit from the European Union there is a keen appetite for cross-border business between Britain and Spain. As Britain's ninth-largest trading partner there is considerable potential for lucrative business dealings with Spain.After Divorce or Separation how can you return to your family in Spain with your children?
5th May 2022 It is far from unusual for British nationals to meet and marry their spouse in Spain and set up home in the UK. If the relationship fails and there is a divorce often the Spanish spouse, regardless of being a foreign national, remains in the UK despite the divorce, particularly if there are children of the marriage in education. Over time the Spanish parent feels that they wish to return to Spain with their children.Are you dealing with a Spanish Probate? Giambrone & Partners can help.
5th May 2022 Are you dealing with a Spanish Probate? Giambrone & Partners can help.Arbitration – An Alternative to Litigation
5th May 2022 Arbitration is a contract-based form of alternative dispute resolution (ADR) where an independent impartial adjudicator is engaged jointly by disputing parties, who will hear both their arguments and make a decision that ideally resolves the conflict. This decision arrived at is known as an award and it is legally binding.Enforcement of Court Orders for Cross-border Debt
26th April 2022 Good cash-flow is an obvious requirement for any businesses and outstanding invoices can hamper the stability and progress of a business. Cross-border debt can even more difficult. Post-Brexit poses even more complications.Arrested on holiday in Europe? Giambrone & Partners can help you.
26th April 2022 After all the restrictions and difficulties faced during the enforced lockdown due to Covid 19 many people are looking forward to a holiday in Europe. Most people enjoy their dream holiday without incident, however, for some people, all too often the temptation to over indulge leads to the dream turning into a nightmare of arrest in a foreign country.Media and Communications Claims – essential conduct before starting a claim
12th April 2022 Following a consultation in 2019 on the Pre-action Protocol for Media and Communications Claims the Protocol was updated to adapt the law to be more in line with advances in telecommunications technology. The Protocol now encompasses all cases involving defamation, misuse of private information, data protection law or harassment by publication, and claims in breach of confidence and malicious falsehood which arise from publication or threatened publication by the print or broadcast media, online, on social media or in speech. This update was meant to bring the Civil Procedure Rules (CPR) into the modern age of high-speed online communication. In a world where a statement can be heard all across the world in a matter of minutes, this update is long overdue.The Divorce, Dissolution and Separation Act 2020 a new dawn for Divorce
12th April 2022 The Divorce, Dissolution and Separation Act 2020 comes into force on Wednesday 6 April, the so-called no-fault divorce. This much anticipated reform to divorce law will change the way divorce is approached and conducted. The absence of blame in the divorce process is expected to reduce hostility and acrimony that currently can enter the divorce path, which in the past has often led to a level of rancour that affects all the dealings between the parties.Guidance on Public Tenders in Spain
5th April 2022 Spain has highest number of public tenders in the European Union, according to the Annual Report on the Supervision of Public Procurement in Spain, published by the independent Office for the Regulation and Supervision of Procurement (OIReScon). Proposals amounting to 72,527.27 million euros were tendered in Spain in 2020 alone.A Guide to Essential Conduct and Pre-action Protocols prior to making a Claim
1st April 2022 It is important to understand there are strict rules on how you should act prior to bringing a claim, as failure to observe the correct protocol may incur penalties if the matter does come to court. The basic position is set out in the Practice Direction on Pre-Action Conduct and Protocols. The Protocols, approved by the Master of the Rolls and annexed to the civil procedure rules (CPR), are designed to ensure that all parties are completely clear on a number of things including each other’s position, the costs involved and have considered alternative dispute resolution (ADR) to settle the matter.A badly managed redundancy process can seriously impact on the business, as P & O Ferries has discovered
30th March 2022 The situation involving P & O Ferries’ highly irregular dismissal of approximately 800 employees with immediate effect by video link without prior notice or consultation, has further evolved with the CEO, Peter Hebblethwaite, admitting that P & O deliberately avoided consulting with the appropriate unions, thereby contravening employment law, as it was recognised that no union would tolerate the intended action of P & O Ferries. Employment law in England & Wales is drafted to protect employees from exactly the situation in which the P & O employees now find themselves - instant dismissal with no opportunity to plan or consider any options. Giambrone & Partners’ employment law teams recommend that employers should closely follow the law related to redundancy whether making one person redundant or a far larger pool of employees. Any contravention of The Employment Rights Act 1996 during the course of the redundancy procedure is likely to lead to a claim for unfair dismissal or discrimination, when related to redundancy, and would be difficult for a business to refute. Given P & O’s elaborate company structures, it is unclear at this stage whether English Law would apply to any employment disputes. Redundancy means that an employee is dismissed from their job because the role within the business is no longer required, usually due to economic reasons. The stages leading to redundancy must be scrupulously adhered to and also must be seen to be fair or the business could be exposed to the allegation of discrimination during the course of the selection process. Discrimination is a protected characteristic under the Equality Act 2010 and there is no cap on the amount that can be awarded to an employee if a challenge is successful. Daniel Theron, a partner, commented “P &O’s approach seems to have been to spring the redundancies on the staff, swiftly followed by enhanced financial packages that are subject to non-disclosure agreements (NDA) (the costs of which were no doubt factored into the strategy), together with an entire complement of cheaper staff ready to step into the “redundant” roles” Daniel further remarked, “it is hard to say how much reputational damage will impact on P & O but the considerable out-cry and the threats of legal action by the government should there have been contraventions of employment law, may not have been anticipated.” There are five steps to redundancy starting with a review and the selection process. Employers would be well advised to have an expert employment lawyer’s guidance throughout the procedure to be absolutely sure that the law is strictly adhered to. Once it has been established that there is a need for redundancies the business must be able to explain the reasons why this step is necessary. Every effort should be made to find an alternative to making member (s) of staff redundant if at all possible, such as transferring staff to other roles, reducing hours or temporary lay-off as well as the consideration of voluntary redundancy or early retirement packages. The next step is selecting the employees who will be in the redundancy pool. This is an extremely critical step, choosing an employee with a protected characteristic or appearing to select a person without any viable justification can result in a case being brought before the employment tribunal. An employer can consider:- An employee’s standard of work and skills
- Their disciplinary record
- The importance of the role