Service
Where a breach of contract, damage to property or unlawful acts of public authorities have resulted in expenses or loss of income, the court decides who is to compensate them and to what extent.
We are most often instructed by:
The information on this website is provided for information purposes only and does not constitute a public offer.
Timing and fees are indicative and are confirmed when the engagement is agreed.
Losses comprise actual damage and lost profit. Lost income is calculated taking into account the reasonable expenses that would have been incurred to earn it.
A court may not refuse to award compensation for losses caused by non-performance of an obligation solely on the ground that their amount cannot be established with a reasonable degree of certainty.
The outcome of the service is the work performed within the scope agreed with the client.
The position is built on the documents and the circumstances of the case; the following points are relevant.
On the basis of the materials, the strengths and weaknesses of the position, the risks and the possible courses of action are identified.
For the chosen option, a plan is drawn up: the sequence of steps, timing and scope of work.
Appeals against court rulings
Challenge
The lower courts granted the claims of the insolvency administrator and the creditors to hold the director of a bankrupt company personally liable for its debts.
What was done
The case was taken to the Supreme Court. The good faith of each management decision was proved, and the Supreme Court set aside the rulings of the lower courts.
Challenging Transactions
Challenge
Shortly before its insolvency, the debtor diverted its assets through a chain of formally independent transactions, each of which looked like an ordinary business operation.
What was done
The full chain was reconstructed, and the interconnection of the transactions and the invalidity of each link were proved. The assets were returned to the bankruptcy estate in full.
Recovery of Damages
Challenge
The former director caused losses to the company, expecting that it would not be possible to gather evidence: numerous transactions, a branching structure and blurred chains of cause and effect.
What was done
A systematic analysis was carried out: the chronology of decisions was reconstructed, the link between the transactions and the damage was identified, and bad faith was proved. The damages were recovered in full; the court granted the claims without any reduction.
Defence against challenges
Challenge
There were attempts, by challenging transactions, to bring the client's property – acquired, paid for and in commercial use – into the bankruptcy estate of an insolvent counterparty.
What was done
The legal position was built on the independent nature of the client's ownership. The court dismissed all the claims challenging the transactions, and the assets were retained in full without concessions or settlement agreements.
Challenging resolutions
Challenge
The majority participant systematically blocked the distribution of profits by voting at the general meeting. The company was generating income, but the minority participant did not receive its share of the profits.
What was done
The general meeting resolutions were challenged. A mechanism compelling the distribution of profits was implemented through the courts.
The contractual terms limiting liability and the circumstances of the breach are examined. An agreement concluded in advance excluding or limiting liability for an intentional breach of obligation is void: it is assessed what evidence establishes the nature of the breach.
The claimant's calculation and the evidence of breach, amount and causation are examined. It is checked whether the losses arose from another cause and what reasonable measures the claimant could have taken to mitigate them.
A response and, where there are grounds, a motion for an expert examination are prepared.
The price under the terminated contract is compared with the price under a similar replacement contract or, if there is none, with the current price of comparable goods, work or services. Recovery of the price difference does not release the party in breach from compensating other losses.
Information on the income received by the other party as a result of the breach is examined. In this case, lost profit may be recovered in an amount not less than that income.
An hourly rate, a fixed fee or a combined model is used; in some cases part of the fee depends on the outcome achieved. The fee is determined by the time actually spent, the complexity of the matter and the overall timeframe of the project, and is agreed before work begins.
Describe your matter and the circumstances in which it arose. The consultation establishes the possible structure of the work and the scope of legal support required.
