Оставить заявку

Judical practices and cases

27 April 2017

Protection of the claimant in the court of cassation

Результат:

The decision of the court of first instance left intact, the appeal and cassation complaints of the defendant dismissed

Point of argument

Representing the interests of the Plaintiff in the Courts of Appeal and Cassation on the recovery of a debt and interest under the commission agreement.

Plaintiff’s case

The company, our client, concluded a commission agreement with another legal entity (Commission Agent). The Plaintiff referred to the improper fulfillment by the Commission Agent of the terms of the contract for the transfer of funds received from the sale of goods.

Defence

The courts of first and appeal instances recognized partial fulfillment of obligations by the Defendant.

The Commission Agent refuted the arguments of the Principal about non-fulfillment of his obligations and asked the court to cancel and appeal the earlier decision on debt collection.

Problem solution stages

  • preparation of a letter of claim;
  • preparation and filing of the claim and related documents in court;
  • preparation of responses to the appeal and cassation complaints of the defendant;
  • representation of the Plaintiff in the Courts of first, appeal and cassation instances.

Court judgement

The Court of Cassation agreed with the findings of the courts of first and appeal instances on a sustained claim prepared by the lawyers from the legal bureau for the debt collection in the amount of 498,300 rubles, and interest in the amount of 38,569.22 rubles.

Submit your application