Dr Giuseppe Calà SC

  • Year of Call 1971

Introduction

Dr Giuseppe Calà (Senior Counsel Italy 1991) was called to the Bar in Italy and in England and Wales in 1971 and he has been in practice in Italy and in England for more than 45 years.

He specializes in Private International Law disputes in Civil and Family matters, including child abductions (Hague Convention), prenuptial agreements, inheritance disputes, issues of choice of jurisdictions in family and succession matters according to the EU Regulations.

He also specializes in Matrimonial Matters governed by the Rules of the Roman Catholic Ecclesiastical Laws.

He has right of audience before all Italian Courts as well as before the Roman Catholic Ecclesiastical Courts since 1971.

In the year 1991 he was admitted to plead before all Superior Courts in Italy: Supreme Court of Cassation, Constitutional Court, Conseil d’Etat, Cour des Comptes and before the European Court of Justice.

Through his chambers in Rome Studio Legale Calà at Via dei Gracchi 283 he provides an efficient approachable service in order to meet the demands of his clients in Private International disputes in civil and commercial matters.

Dr. Calà is fully qualified to undertake Direct Access work in England and in Italy on behalf of members of the public.

Family

Dr. Giuseppe Calà has relevant experience in family proceedings in cross border disputes in the Italian and English Courts, the European Court of Luxembourg and in the Court of Human Rights in Strasbourg. 

P-v-L (Supreme Court of Cassation United Divisions, Decision N° 27091/2017) 15.11.2017 on the Jurisdiction of the Italian Court for the maintenance of the minors and of the wife resident in England against the husband resident in Italy.

B –v- E (Court of Appeal of Bologna 1s tDivision) Decision  N° 453/2012 on the Jurisdiction of the English Court on the residence of a child conceived in Italy and born in England by both parents resident in Italy.

B –v- E (Brighton District Court) HB 11P00128 residence order for the mother of A. (child) resident in England.  

Italy –v- B (Criminal Court of  Modena - 1stDivision ) Decision N° 1865/17 of 24th April 2018 - Acquittal of the mother of the charges of abduction of a Fetus by the mother leaving Italy to deliver the baby in England. 

Ecclesiastical

He appears before the Ecclesiastical Courts of the Roman Catholic Jurisdiction (Vatican) in matrimonial matters for the nullity of Roman Catholic marriages in England, Valencia (Spain), Genoa (Italy) and Bagdad (Iraq).

He appeared before the Karachi Religious Court for a grant of a Talaq between a British citizen and his Pakistani wife according to the Muslim Family Law Ordinance 1961.

 

Civil

Extensive practice in all branches of Italian Civil, Family and Commercial Laws. Giuseppe was instructed in Re: The deep vein thrombosis and the air travel group litigation [2003] 1 All E.R. 935, in the High Court.

Arbitration & Mediation

In England according to the Arbitration Act 1996.

In Pakistan and in Italy according to the Italian Rules for Arbitration Proceedings. 

Experience

Giuseppe has experience in International Property Transactions, including Lebanon Company Laws, Panama Company Laws, Cyprus Company Laws and Uruguay Contract Laws. 

In Italian Court Proceedings, Giuseppe has expertise in cross border disputes in family matrimonial property transactions in England and in Italy.

Further, Giuseppe has experience in cross border tax evasion (Italian Excises) proceedings in England and in the Italian Appeal tax Commission in Trieste.

Appointments

Dr. Giuseppe Calà was appointed by the former Italian Minister of Justice Mr. Castelli as Member of the Italian Government Law Commission at the Italian Ministry of Justice for the reform of the Italian Code of Civil Procedure (2002-2003). A draft was submitted by Avvocato Dr Giuseppe Calà to the Law Commission and was later implemented in part by the Italian Government amending some sections of the Italian code of civil procedure. 

Part-time lecturer from 1999 up to 2005 in Ecclesiastical Comparative Law and a lecturer at the Master Course in Family Law and Family Mediation at the State University of Macerata (Italy) from 2002 up to 2005.  

Speaker at the ERA (European Academy of Law) Trier Germany annual conference in European Family Law in 2017 (Trier) in matters relating to Brussels II Regulation, Rome III, on maintenance and property regimes and the effect of Brexit on family life & on family laws in the UK. 

Part-time lecturer since 2002 in Private International Law and Principles of English Law at the Italian Bar Vocational Courses of the Rome Civil Law Chamber.

Chairman of the Italian Bar Commission of Rome for the Italian Bar examination for the year 2016.

Speaker at the Institute for the Russian Studies at a Conference on “Immigration  EU Laws” accredited by the Italian Bar Council on 14th December 2018 for Italian Barristers, on the effects of the Brexit deal or no deal on about one million Italian citizens resident in the UK, and on the immigration and settlement of British citizens in Italy after 29th March 2019.   

Qualifications

Bachelor in Canon Law (Gregorian University-Vatican) 1968.

Master in Canon Law (Gregorian University - Vatican) 1969.

LLD in Civil Law with honours 110/110 (Università La Sapienza - Rome) 1970.

Private and Public International Law (Academy of the Hague) 1973.

Memberships

Member of the Honorable Society of Inner Temple.

Member of the European Circuit of the Bar.

Member of the Consiglio dell’Ordine degli Avvocati di Roma.

Member of the Italian Civil Chamber of the Rome Bar Council.

Member of the Family Law Bar Association.

Member of the Rotary Club – Rome.

Member of the Friends of ERA (Academy of European Law), Trier, Germany.

Languages

Italian (mother tongue), French, Spanish, Latin.