Litigation and arbitration
Dispute resolution is one of the main fields of activity of our firm’s lawyers. Long-standing experience of lawyers of the law firm in the most complicated cases ensures provision of the highest-quality services in the field so appreciated by the clients. We draft procedural documents, select the most optimal litigation strategy and represent the clients before the courts of all instances.
Having examined the cassation appeal prepared by a lawyer of the Law Firm, the panel of judges of the Civil Cases Division of the Supreme Court of Lithuania revoked a ruling of a regional court, which was unfavorable to the client, and left a decision of a court of first instance valid. The Supreme Court of Lithuania noted, among other things, that the manager of a legal entity is not materially liable for the sole fact that courts declared an order of the manager on dismissal of an employee unlawful. Material liability of the manager for unlawful dismissal of an employee will apply only if the manager is proved to have acted carelessly in making that decision. The panel of judges concluded that the behavior of the defendant (the client) and his actions in dismissing an employee were in line with the standard for careful human behavior, and that there was no legal basis for finding the client guilty of negligence.
We successfully represented a client on litigation with an enterprise providing IT services concerning compensation of losses incurred in result of non-performance/defective performance of services. The court held that the respondent who had undertaken to develop a mobile application failed to carry this out properly and ordered it to reimburse all money to the client.
The European Court of Human Rights held in its decision that Lithuania violated the provisions of the Convention for the Protection of Human Rights and Fundamental Freedoms concerning protection of property (Article 1 of Protocol 1 of the Convention (Protection of Property)), and ordered to pay EUR 46,900 of material damage, EUR 6,500 of non-material damage and EUR 575 of litigation costs to the client represented by the attorney-at-law of our law firm.
We have protected the client’s interests in the civil case concerning the legal relationship arising out of bills of exchange. In the present case, it was requested to award more than EUR 280,000 from the client on the basis of the promissory note issued 10 years ago. The court considered the fact of transfer of cash as not proven. On the contrary, the court has acknowledged that the defendant (the client) as the issuer of the promissory note has provided a sufficient amount of data rebutting his obligation under the contested promissory note. The claim has been rejected.
Represented a client in a legal dispute over award of remuneration for services rendered in restoring ownership of land with buildings. For several years, the client has represented and provided other necessary services related to the restoration of ownership rights to land with buildings. The process of restitution was largely successful due to the client’s effort, i.e. the rights of ownership to real property the value of which was higher than EUR 1,000,000 have been restored. Nevertheless, the person who received the property has refused to pay the agreed remuneration to the client, inter alia, stating that it was excessive. The dispute reached the Supreme Court of Lithuania, was heard twice in the Vilnius Regional Court and the Court of Appeal of Lithuania. Finally, the chamber of judges of the Civil Division of the Court of Appeal of Lithuania awarded the client almost EUR 200,000 in remuneration for services, material and procedural interest and legal costs.
We successfully represented the client in litigation with the municipality concerning termination of a lease agreement and awarding lost income. A panel of judges of the Civil Division of the Supreme Court of Lithuania examined an appeal in cassation prepared by the attorney-at-law of the firm and held that the public administration body unlawfully terminated the premises lease agreement. The client was awarded lost income for one year – more than EUR 450,000.
We successfully represented a client, one of the biggest Western agricultural machinery suppliers, before the Court of Appeals of Lithuania in a civil case on the basis of a claim filed against the client regarding termination of a contract, application of restitution and payment of damages in the amount of more than EUR 70,000. Having considered the case, the court of appeal instance noted in its ruling that, among other things, that after application of one way of defence for ensuring the purchaser’s right to get an item of appropriate quality the purchaser has no legal basis to demand that under the same actual circumstances with regard to the defects in the quality of a sold item the seller would be liable in any other way as well because contractual obligations arising out of certain defects in an item have already expired. The appeal was not satisfied, litigation costs were awarded in favour of the client.
We successfully represented a client in a case concerning compensation of damage caused to the enterprise by unlawful actions of the manager of the legal entity (director). A panel of judges of the Division of Civil Cases of the Court of Appeal of Lithuania annulled the judgement of the Regional Court and awarded more than LTL 500,000 as a compensation of damage.
The Grand Chamber of the Court of Human Rights held in its decision that Article 3 of Protocol 1 to the Convention for the Protection of Human Rights and Fundamental Freedoms was violated as the applicant was unable to stand for the elections to the Parliament. In this case the applicant was also represented by attorney-at-law of our law firm V. Sviderskis.