VEGAS LEX discusses practice and prospects of recovery of damages
On October 26 and 27, 2017, VEGAS LEX experts led workshops in Krasnodar and Rostov-on-Don on the key trends in disputes over the recovery of damages by commercial entities and recommendations for achieving the best results (for the claimant or defendant)*.
VEGAS LEX Partner, Head of special projects Maxim Grigoryev began with outlining the key trends in the recent judicial practice of disputes over the recovery of damages. He then listed rules and methods of calculating damages, including real damage, loss of profit, the infringer’s income, and damages for loss of chance, and cited indicative examples of disputes.
Head of Litigation practice Victor Petrov highlighted issues related to the previously established amount of damages. Speaking about the cause-and-effect relationship between the defendant’s unlawful behavior and the negative consequences for the claimant, he emphasized the distinction between direct and indirect damages, ways of proving a legally significant cause-and-effect relationship, and cited examples of relevant judicial cases, which clearly showed the options for identifying and proving this connection.
He also explained contractual limitations of civil liability and how the claimant can block them, if desired, and recover unlimited amounts of damages. Maxim Grigoryev spoke about the rules and criteria for applying force-majeure and mitigation (reduction) of damages.
Associate, project manager at VEGAS LEX Southern Directorate Ilya Shengeliya explained the specifics of calculating the limitation of actions in recovering damages and specifics of recovering damages from public legal entities.
At the end of the event, the experts discussed with the workshop participants the specifics of various categories of disputes (basic rules, scope, proving), including damages from breakdown of negotiations, abuse of law, giving unreliable assurances about circumstances, mala fide or unreasonable behavior of the company’s current or former management, with due account of relevant judicial trends.
On June 27, VEGAS LEX experts organized a similar event in Moscow with the support of Pravo.ru; the speakers included Professor of the Higher School of Economics, Doctor of Law Artyom Karapetov and Associate Professor of the Department of Business and Corporate Law of the Moscow State Law University. (MGUA) Rustem Miftahutdinov (retired judge of the Supreme Arbitration Court of the Russian Federation).