Martin (Robert Gordon) and Heather Elaine Martin & Ors v Gabriele Giambrone P/A Giambrone & Law, Solicitors and European Lawyers
| Jurisdiction | Northern Ireland |
| Judge | Horner J |
| Judgment Date | 05 March 2013 |
| Neutral Citation | [2013] NIQB 48 |
| Court | Queen's Bench Division (Northern Ireland) |
| Date | 05 March 2013 |
| Year | 2013 |
1
Neutral Citation No. [2013] NIQB 48
Ref:
HOR8813
Judgment: approved by the Court for handing down
Delivered:
05/03/2013
(subject to editorial corrections)*
IN THE HIGH COURT OF JUSTICE IN NORTHERN IRELAND
QUEEN’S BENCH DIVISION
________
BETWEEN:
ROBERT GORDON MARTIN and HEATHER ELAINE MARTIN & ORS
Plaintiffs
and
GABRIELE GIAMBRONE P/A GIAMBRONE & LAW,
SOLICITORS AND EUROPEAN LAWYERS
Defendants
________
HORNER J
Introduction
[1] This is a most unusual application. A Mareva Injunction was obtained
against Gabriele Giambrone, who practises as Giambrone and Law (“the
defendant”) who specialises, inter alia, in media law. There had been two sets of
proceedings, the first brought by the present plaintiffs and the second set by James
and Caroline Craven and others. Both relate to failed investments made through the
defendant as their solicitors in Calabria in the South of Italy. Following a hearing
before Weatherup J, the defendant posted on his Facebook site the following
comments:
“They thought they knocked me down, now they will see
the full scale of my reaction. F*** them, just f*** them.
They will be left with nothing.”
[2] These comments are considered relevant to the Mareva Injunction granted to
the plaintiffs and which restricts the defendant from dissipating his assets. The
plaintiffs seek to make use of these comments (“the document”) in the course of both
sets of proceedings and they were included in these plaintiffs’ List of Documents.
The defendant wants an order that they cannot be used and must not be disclosed to
the Judge presently dealing with the Mareva Injunction, Burgess J or to the trial
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3 cases
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Various Claimants v 1. Giambrone & Law (A Firm)and Others
...proceedings were instituted on behalf of those claimants, but they were not progressed further pending resolution of the lead claims. The Martin action was a group action by 101 claimants in relation to JoTS of whom 61 were domiciled in Northern Ireland, 11 in England, 2 in Scotland, 26 in ......
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McCrossan vs Department for Social
...Media (24) Game Retail Ltd v Laws UKEAT/0188/14 (25) Martin & Ors -v- Giambrone, P/A Giambrone & Law, Solicitors and European Lawyers [2013] NIQB 48 (26) Smith v Trafford Housing Trust [2012] EWHC 3221 (27) Crisp v Apple Retail (UK) Ltd (ET/1500258/11) Summary of the relevant law 8. We summ......
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HL (a minor) by her Father and next friend AL v Facebook Incorporated, Facebook Ireland Limited and Others
...NIQB 89, Berkeley Administration v McClelland (1990) FSR 381, Kennedy v Chief Constable of the PSNI (2010) NIQB 57, Martin v Giamborne (2013) NIQB 48, the Supreme Court 13 Practice 1999 Vol. and “Supreme Court Practice: Civil Proceedings” by Barry Valentine I have distilled the following gu......