The lawyers of Pepeliaev Group helped a client to win a dispute and recover its court costs in the case

Pepeliaev Group’s team of the Dispute Resolution and Mediation Practice helped a client to win a dispute in courts of three levels in a case involving the recovery of an advance payment that was not covered by the counter-supply of agricultural machines. The complexity of the project was due to the fact that the judgments of the trial court and court of appeal which had been handed down in favour of the client during the first round were subsequently quashed, and the case was sent back to be considered anew. The court of cassation noted that the amount being recovered by the client may be classified as a retainer, which constitutes a ground for the lawsuit to be denied. Given the instructions of the court of cassation the lawsuit could have been denied, but our lawyers engaged in the project at the right time, and succeeded in preserving the previously attained result by having the initial judgment upheld, taking account of the criticism of the cassation and defects identified in the first round.

Another success was that the court costs in the case were recovered almost in full from the defeated party (RUB 4.7 billion out of RUB 4.8 billion), which is still a rare occurrence in court practice.

Therefore, we helped the client to win the dispute without spending on our fees. This case is further proof of how important it is to engage a consultant with the relevant experience and expertise at the appropriate stage of the process. Only if acts in precisely this way does a party to a dispute stand a chance to attain the maximum result at the minimum expense.


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