Italian Expert Witness Service

Our Italian lawyers are often appointed by foreign Courts as expert witnesses in respect of Italian law (substantive law, procedure, and law of privileges).

Giambrone & Partners has one of the largest teams of English-speaking Italian lawyers with extensive experience of providing general Italian law advice and expert evidence.

Our lawyers are able to act as expert witnesses with regard to all aspects of Italian law, for example, commercial contractual disputes, family law, children law, including parental  child abduction and also personal injury claims where Italian rules are applicable. 

Examples of the Provision of Expert Witness Testimony

  • Alessandro Gravante, senior partner in the Italian litigation team, was appointed to provide evidence on the applications of the Italian civil code and, in particular, art. 1385 which governs deposits and the “time of essence” doctrine in relation to the purchase of several holiday homes in Italy
  • Piero Mastrosimone, Head of our Italian insurance and personal injury department, is frequently asked to provide Italian legal advice in the form of an expert report on Italian law in connection with legal proceedings in England and Wales related to accidents or holiday incidents in Italy
  • Helen Teffere, senior associate in the private client department in Rome, is frequently instructed by English law firms to provide probate advice in respect of assets in Italy when dealing with probate in England and Wales.

Although a court can reasonably be expected to know the law of its own forum, there is no such presumption  to have knowledge of the law of other jurisdictions. Therefore, the foreign law and its scope must be confirmed, the most appropriate way is by means of an expert witness.  who can render declarations, depositions, or live testimony.

The EU has established a set of binding rules of private international law for contractual and non-contractual obligations in civil and commercial matters.   European Council Regulations “Rome I - EU regulation on the law applicable to contractual obligations” and “Rome II - EU regulation on the law applicable to non-contractual obligations” provide that, under certain circumstances, a court or tribunal of an EU country can be requested to apply a foreign law to a civil case pending in its jurisdiction.

Giambrone & Partners can provide expert witnesses in relation to all aspects of commercial and private client law.

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If you require further information or advice from our team of specialist lawyers, please contact a member of our Client Relations Team by: