CA-2024-001802 - [2025] EWCA Civ 1389

Finally I should refer to a decision of the Monaco Court of First Instance dated 31^st October 2024, some 2 ½ months after the judgment of the Deputy Judge, and a letter to this court from the Monaco Ordre des Avocats dated 2^nd October 2025.

The decision of the Monaco court was on an application by Maître Zabaldano for declarations that the decision of the English court that it had jurisdiction over Maître Zabaldano was not recognised or enforceable in Monaco and that Maître Zabaldano had not been at fault and has committed no fraud in carrying out the transfer of funds to UP Shipping. These declarations were made in a default judgment issued on 31^st October 2024.

The letter from the Monaco Ordre des Avocats drew the attention of this court to the decision of the Monaco court and explained that the decision is now subject to a pending appeal. It expressed concern that Monegasque lawyers must comply with their professional obligations under Monegasque law.

Despite the respect which this court has for the court in Monaco and the Monaco Ordre des Avocats, these matters cannot affect the outcome of this appeal. The English court held that it had jurisdiction over the claim against Maître Zabaldano. It was then Maître Zabaldano’s choice to take no further part in the proceedings in England, when he could have put forward a defence, on which the English court could have adjudicated, based on his professional obligations under Monegasque law. As it was, the court was left with what was found to be a false account in Maître Zabaldano’s witness statement of what he knew about Mr Su’s beneficial ownership of Cresta Overseas and conflicting evidence about the professional obligations owed by Monegasque lawyers.