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Athena Capital Fund Sicav-Fis S.C.A. & ors (claimants/appellants) v Secretariat of State of the Holy See (defendant/respondent)

Wednesday 6th July 2022

By Appellant’s Notice filed on 17 December 2021, C1 to C4 appeal paragraphs 4 and 5 of the Order of Simon Salzedo QC (sitting as High Court Judge) dated 30 November 2021 by which he stayed the proceedings under the inherent jurisdiction of the court and made no order for costs against Ds.

Factual Background: The essential background to the claims and the application below is certain investigations and allegations of wrongdoing in relation to the business of the Holy See. A claim was brought by Cs seeking declaratory relief against the Respondent in respect of a transaction “the Transaction” for the sale of a property located in London’s Sloane’s Avenue concluded by C1 to C3 as sellers and R as buyer by two English contracts which provided for the exclusive jurisdiction of the English courts. The Respondent challenged that the English courts had jurisdiction and in the alternative sought a stay until the conclusion of a number of criminal proceedings in the Vatican State. Simon Salzedo QC dismissed the jurisdiction challenge by granted the stay.

View hearing:

Part 1

Part 2