21/09/2017

Lawyers of Pavlova & Partners have defended the client's interests in the Supreme Court of the Russian Federation

The court sided with the client in a dispute over the expenses for the services of a representative.

Lawyers of Pavlova & Partners have defended the client's interests in the Supreme Court of the Russian Federation.

The court collected from the firm’s client (large chemical enterprise) the expenses for the services of a representative. In response to the attempt to appeal this court ruling, the appellate court returned the appeal petition, have considered that the deadline for its submission had been missed.
Herewith, the court proceeded from the fact that the ruling being appealed was made on a corporate dispute and, therefore, could be appealed within a shortened ten-day term. The cassation court came to the same conclusion.

The lawyers of Pavlova & Partners Alexei Altukhov and Sergei Soldatenko managed to convince the top three judges of the Supreme Court of the Russian Federation that regardless of the category of dispute, the ruling on the distribution of court expenses should be appealed according to general rules stipulated by the Commercial Procedure Code of the Russian Federation. The law does not contain an indication of a special procedure for appealing against such rulings.

This interpretation of the rules on the recovery of legal expenses will certainly be useful to all practicing lawyers, since the conclusion reached by the three judges of the Supreme Court of the Russian Federation is not obvious from a literal reading of the procedural law.

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Ирина Кошечкина

Юрист