June
2017
The realities and forecasts of the practice for recovery of damages were discussed at a breakfast meeting of VEGAS LEX and Pravo.ru
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.
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Photo source: Pravo.ru
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