Don’t mess with English contract law. I giudici inglesi e i contratti derivati degli enti locali italiani

The Court of Appeal of England and Wales overturned the decision of the first-instance court which, on the basis of the speculative nature of the derivative contracts entered into by the Municipality of Venice, had declared them null and void for lack of capacity. After presenting the case and the main arguments, this note highlights the tendency of the English courts to ensure the stability of legal relationships in accordance with domestic contract law, even if the application of foreign law to some elements of the case could lead to different results.