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PostPosted: November 1st, 2012, 3:01 pm 
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Joined: August 19th, 2009, 3:38 pm
Posts: 12
Location: Messina, Italy - London, UK
Dear Members,

With the present post I would like to inform buyers about the services our firm could provide to potential buyers interested in buying a property in Italy and, in particular, to all those buyers who have been involved in a failed purchase procedures.

First at all I would like to mention that during the past few years our firm has represented numerous foreign clients in buying properties in Italy.
In relation to it, I would like to underline that all the purchase procedures carried out by our firm on behalf of clients have always been fully successful.
Obviously, in different occasions we had to advise our clients to abandon a potential off-plan purchase because highly risky.

We also have a considerable experience in litigation and especially in representing buyers who have experienced problems (lost of the deposit and/or other minor issues) related to their purchase procedures in Calabria. We currently boast a significant portfolio of foreign clients and we have already achieved numerous successful results on their behalf -judgements/court orders in favour of our clients.
As far as we are aware, we are one of the most active and successful law firm bringing actions against building companies in Calabria.

With the aim to provide readers with some general information about our latest successful outcomes:
- After more than three years of court actions we have finally obtained two judgements in favour of two of our clients. I the cited cases a Calabrian Court recognised to our clients the right of having refunded: the deposit plus the legal interests on it, a partial refund of the legal costs and the damages suffered from the failed purchase procedure.
- Recently we have obtained 2 ‘unappellable’ Court orders on behalf of two English buyers. The Court orders stated the right of our clients to have refunded double the amount of the deposit originally paid.
- After 2-3 years of court actions and extra-judicial negotiations we have achieved to settle seven ‘out of court of settlement’ (deposits partially or fully refunded) on behalf of foreign buyers who decided to cancel their purchase due to the unjustified delay in completion and/or other issues relating to the difference between the apartment originally promised on plan and the construction effectively built.
- We are currently representing numerous clients involved in Court proceedings in Calabria (mainly breach of contract claims) against several building companies.
- Most of our clients -at this stage 9 of them- have been granted by the Court with a ‘freezing injunctions order’ against the building company. The cited orders are aimed to preserve the assets of the building company until the end of proceedings. I would like to add that the cited measures can be granted under the circumstance that the credit claimed by the claimant is well founded (‘fumus boni iuri’). In other words, it would be reasonable to state that claimants are likely to achieve a judgement in their favour.

The outcomes listed above (the list is not exhaustive) are the result of lengthy and complex legal actions started almost 4 years ago. The cited cases are just the first results obtained on behalf of the clients who first started the litigation route. We strongly believe that in the next few months and during the next year we will receive further successful outcomes on behalf of the other claimants currently assisted by our firm.

In addition, I would like to mention that our firm is constantly collaborating with a highly reputable law firm in Belfast and with a law firm in London -ranked as top 100 law firm with offices in London- regarding two negligence claims in connection to failed purchase procedures originally dealt by a English law firm regulated by the SRA.
At this stage the cited firms are assisting two vast group of clients involved in two failed residential projects.
As long as I am aware, this kind of claims (re: negligence claim against the English law firm) could have a reasonable prospect of success. I state this based on the fact that one of the cited firms has already archived some successful result –out of court of settlements on behalf of few buyers.
I would like to add that, initially, a potential claim in the UK would not interfere with a possible Italian action already started by the buyer.
Also, there is the possibility that my associate firm in London would be able to undertake a group claim on the basis of a ‘no win no fees’ agreement.
In order to progress this potential route in the UK on a basis of a ‘no win no fees’ it would be necessary to ‘create’ a substantial group of potential claimants involved in the same matter.
In that case, the firm would be available for initially review the files and assess the case with no costs and possibly forwarding the case into the Court of London. The only possible expenses would be court fees and expert’s fees -if one is needed. However, given that these limited expenses would be shared amongst many it is reasonable to expect that any possible outlay would not be significant.

I hope the above information is helpful -I apologise for my poor English.

If you are interested in further speak about possible actions to be taken for recovering the deposit lost please do not hesitate to contact me ( claudiominasi@studiolegaleminasi.com ).

Kind regards,

Avv. Claudio Minasi
Studio Legale Minasi
http://www.studiolegaleminasi.com
UK Contact
mobile: +44 (0) 791 686 1276
landline: +44 020 3287 3370
Italian Office
via A. M. Jaci, n. 15
98121 Messina, Italia
tel: +39 090 369 6764
fax: +39 090 896 7215


Last edited by SLM on January 23rd, 2013, 12:42 pm, edited 1 time in total.

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PostPosted: November 23rd, 2012, 4:33 pm 
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Joined: November 23rd, 2012, 3:49 pm
Posts: 1
Hello Claudio
Glad I found you on the form.

In relation to your recent post.
Could you please confirm how many (if any) of your Clients you have actually received their Deposits etc back from the Builders.
What kind of time line is involved to take a case like this
What kind of cost is involved .

Great to hear some good news for the long suffering Clients.

Thanks Claudio

Jenny Robinson


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PostPosted: December 22nd, 2012, 4:37 pm 
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Joined: June 4th, 2007, 4:21 pm
Posts: 507
Location: London
SLM wrote:

Also, there is the possibility that my associate firm in London would be able to undertake a group claim on the basis of a ‘no win no fees’ agreement.




Who is this "associate firm" in London?


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PostPosted: December 23rd, 2012, 4:35 pm 
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Joined: June 5th, 2007, 4:36 pm
Posts: 1105
Location: Italy
Give people a break please - they may be on holiday this time of the year.


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PostPosted: December 23rd, 2012, 11:00 pm 
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Joined: January 25th, 2008, 8:35 pm
Posts: 1482
Location: Herefordshire/Badolato
I agree offices closed until after Christmas Day and some do not reopen until 2nd January. As to checking the Internet, divorce proceedings may be set in motion if that happens!!

Hope every one has a good holiday


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PostPosted: January 23rd, 2013, 1:36 pm 
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Joined: August 19th, 2009, 3:38 pm
Posts: 12
Location: Messina, Italy - London, UK
Dear Member,

just a quick update regarding two recent Judgements we have been recently served by the Court of Locri -Calabria:
I. the first relates to a group of claimants involved in a failed purchase procedure in Jewel of the Sea development. The Judgement recognises the right of our clients to have refunded double the amount of the deposit originally paid, the 3000 Euros initially paid as reservation form, legal interests on the total amount and a compensation for legal fees and costs.
II. the second Judgement relates to a claimant in Beach Front complex; also in this case the Judgement states that our clients have the right of being refunded with double the amount of the deposit originally paid, the 3000 Euros initially paid as reservation form, legal interests on the total amount and a compensation for the legal fees.

As you can appreciate from the outcomes I have mentioned in the present and previous post, despite of the slowness and the relevant costs involved, legal proceedings in Italy are effective and can be the right solution for most of the cases reported in this forum.

Avv. Claudio Minasi

Studio Legale Minasi
http://www.studiolegaleminasi.com
UK Contact
mobile: +44 (0) 791 686 1276
landline: +44 020 3287 3370
Italian Office
via A. M. Jaci, n. 15
98121 Messina, Italia
tel: +39 090 369 6764
fax: +39 090 896 7215


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PostPosted: February 21st, 2013, 11:57 pm 
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Joined: August 19th, 2009, 3:38 pm
Posts: 12
Location: Messina, Italy - London, UK
Below you will find an article relating to the Belfast Law Firm mentioned in my first post:

http://www.bbc.co.uk/news/uk-northern-ireland-21534122


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