Mosgo & Partners lawyers secure recovery of legal expenses
The Mosgo & Partners team not only successfully defended the interests of the client, a large company in the field of packaging production, but also recovered an amount of legal representation expenses from his procedural opponent.
The client was sued in a commercial court. The subject of the dispute was to prove the losses caused by the plaintiff (a freight forwarder) to the client due to damage to its goods during international road transport, which had been organised by the plaintiff. The losses were set off by the client against an existing debt for payment for the plaintiff's freight forwarding services in international road transport. The plaintiff disputed the existence of the client's losses and the set-off and claimed recovery of the set-off debt for payment for his services.
This dispute was governed by the Convention on the Contract for the International Carriage of Goods by Road of 19.05.1956 (CMR Convention), as well as the provisions of the Civil Code of the Russian Federation and Federal Law No. 87-FZ "On freight forwarding activities" of 30.06.2003.
The dispute was considered in 3 instances: first instance (Moscow City State Commercial Court), appeal instance (Ninth State Commercial Court of Appeal) and cassation instance (State Commercial Court of the Moscow region). In the first instance Mosgo & Partners lawyers also organised expert examination to confirm the existence of losses for the client.
Despite the existing practice in the state commercial courts of the Russian Federation, the team of lawyers of Mosgo & Partners managed to defend the interests of the client and recover from the losing party the amount of court costs, which is 3-6 times higher than the usual amount of such compensation.
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