VEGAS LEX | View firm profile
The law firm VEGAS LEX and Pravo.ru held a breakfast meeting dedicated to the main trends, rules and
specifics of, and exceptions to, the practice for recovery of damages.
On 27 June 2017, in
Swissotel, there was held the breakfast meeting "Practice for recovery
of damages: realities and forecasts" that VEGAS LEX and
Pravo.ru organised for the major federal and regional Russian and foreign
companies. The main issues for discussion with the meeting participants were various aspects of proving the cause-and-effect
relationship and the amount of damages, the specifics of certain categories of cases
concerning damages, and the timely use of the paths of reduction in damages.
Maxim
Grigoryev, VEGAS LEX Partner and Head of special projects, began his speech with citing the statistics of judicial cases concerning damages for the
last three years and mentioned the trends of the judicial practice for their
recovery. The expert further explained the prospect of recovering the income
gained by the violator and prospective damages, including in the context of
specific disputes.
Rustem Miftahutdinov, Associate Professor of the Department of the Business and Corporate Law of the Moscow State Law University (MGUA), gave recommendations as to the distinction
between “wrongfulness” and “guilt” when recovering business losses.
Viktor
Petrov, VEGAS LEX Head of Litigation practice, speaking about the cause and effect relationship between the misconduct of the
violator and the adverse effects resulted therefrom, placed greater focus on
the division of the direct and consequential damages and the methods for
establishing the legally significant casual relationship, and provided the
examples in the relevant judicial practice obviously demonstrating the options
of understanding and proving this relationship.
Viktor also focused on the cases when it is possible to establish the
amount of damages and provided the relevant examples in practice. Maxim Grigoryev, in
his turn, spoke about the rules and criteria for applying force-majeure and
mitigation (reduction) of damages.
Artem Karapetov, the Director of the Law Institute "M-Logos", explored the topic of
contractual limitations of civil liability in the form of recovery of damages.
In conclusion, Maxim Grigoryev discussed with the meeting participants the specifics of
certain categories of disputes concerning damages with due regard to judicial
trends.
Throughout the meeting, the participants put questions to the experts giving examples
in their practice and handled these cases together with the experts.
***
For more detailed information on VEGAS LEX’s litigation support services, please click here.