Patriot.Legal reduced the claim against the client from 3,100,000 UAH to 1,000,000 UAH - Partiot.Legal
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Patriot.Legal reduced the claim against the client from 3,100,000 UAH to 1,000,000 UAH

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Our task

Reduce the claims against the client

Our Approach

In the Economic Court of Donetsk region, Patriot.Legal defended the agricultural (farm) enterprise “Artem” in a claim for the recovery of UAH 3 100 000 fine for non-delivered agricultural products in 2020.

Thus, the terms of the supply contract stipulated the right of the customer to impose a fine on the customer in the amount of 20% of the contract amount for non-fulfillment of obligations.
The defense position was aggravated by improper execution by the client of the Certificate of force majeure (drought in 2020).

Under such circumstances the defense tactics was chosen to recognize the drought in 2020 as a common knowledge circumstance (for entities engaged in economic activities in the field of agriculture), absence of client’s guilt in loss of crops as a result of drought, incredibility of any damage incurred by the plaintiff.

After consideration of the case, the court partially satisfied the claim and decided to recover from the client UAH 1 000 000 (the amount that the client offered to pay the plaintiff at the stage of pre-trial dispute resolution), instead of the claimed by the plaintiff in the lawsuit UAH 3 100 000.
The decision came into force.

Support of the project was provided by the attorney of the practice of litigation and corporate law Mr. Svyatoslav Lindyuk

Team

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Sviatoslav Lyndiuk

Lawyer

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