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Court of Appeal grants permission to appeal Commercial Court’s order for a stay in Vatican case

28.01.22

The news item of 7 December 2021 reported that the Commercial Court had rejected the Secretariat of State of the Holy See’s challenge to the jurisdiction of the English Court with regard to the claimants’ claims concerning 60 Sloane Avenue in Chelsea.

Although English Court jurisdiction was confirmed, the Court nonetheless ordered a stay of the claimants’ action with liberty to the parties to apply to remove it in the event of a material change of circumstances (with materiality to be judged by reference to the reasons in the judgment).

The claimants considered that the Commercial Court was wrong to order any stay and, accordingly, it sought to appeal that part of the Court’s decision.

The Court of Appeal (Males LJ) has on 25 January 2022 granted the claimants’ application for permission to appeal. No date has yet been fixed for the appeal.

Charles Samek QC, leading Tetyana Nesterchuk of Fountain Court Chambers, instructed by Withers LLP, is acting for the claimants.

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