On 21 February 2018, VEGAS
LEX’s experts with the support
of RSPP Committee for Property and Judicial System held a conference in Moscow,
following a series of events dedicated
to main trends in disputes involving recovery of business losses and
recommendations for getting the best result (for a plaintiff or a defendant).
On 21 February 2018, a conference on the topic of "Proving business losses in court: confirmation, denial and reduction" was held in Moscow by the VEGAS LEX law firm with the support of
the RSPP Committee for Property and Judicial System.
Maxim Grigoryev, Partner, Head of
special projects of VEGAS LEX, at the beginning of the conference,
highlighted main trends in current judicial practice concerning disputes
involving recovery of losses, including those in the constituent entities of Russia
(in 2014-2017). Further, he spoke of some rules and methods of calculating
losses, including actual damage, lost profit, violator’s revenue, losses for
losing the chance to make a profit, and provided examples of typical disputes.
Victor Petrov, Head of Litigation
practice of VEGAS LEX, clarified issues related to stipulated damages and,
speaking about causal connection between
violator’s wrongdoing and relevant adverse effects, put emphasis on
differentiation between direct and indirect losses. Besides, the speaker
touched upon the issue of foreseeability of losses, ways to determine a legally
significant causal connection, and provided examples of relevant judicial
practice demonstrating options for understanding and proving this connection.
Rodin, Partner, Head of Energy practice of VEGAS LEX, discussed
the contractual limitation of agreed losses and their "freezing" by the
affected person in case of such person’s intention to recover these losses.
Maxim Grigoryev, in his turn, described in detail the rules and criteria for
application of force-majeure and mitigation (reduction) of losses. He also spoke about the specifics of
calculation of limitation periods in case of recovery of losses.
The experts further expressed their opinions as to the problems of
confusion and differentiation in practice of infringement in commercial
relations and guilt in non-delictual obligations.
At the end of the event, the experts discussed with the participants particularities
of some categories of disputes involving recovery of losses (basic rules, fact
in issue) resulting, in particular, from a breakdown of negotiations, abuse of
right, misrepresentation of facts, misbehavior or imprudent behavior of the company’s
current or former chief executive officers), taking into account the latest
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