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Home | Newsroom | “Andrey Gorodisskiy & Partners” Attorney Defended Plaintiff by Proving Defendant’s Abuse of Procedural Rights in Court“Andrey Gorodisskiy & Partners” Attorney Defended Plaintiff by Proving Defendant’s Abuse of Procedural Rights in Court
11.05.2017

“Andrey Gorodisskiy & Partners” Attorney Defended Plaintiff by Proving Defendant’s Abuse of Procedural Rights in Court“Andrey Gorodisskiy & Partners” Attorney Defended Plaintiff by Proving Defendant’s Abuse of Procedural Rights in Court

AGP Litigation practice attorney Olga Zelenskaya defended a company whose debtor failed to pay off license fee obligations and attempted to protract the legal proceedings by objecting to consideration of the case on the merits. AGP attorney brought the elements of abusive exercise of procedural rights by the defendant to the court’s consideration as its objection lacked proper substantiation.

The trial court accepted Olga’s arguments and found that the defendant abused its procedural rights. Therefore the court dismissed the defendant’s objection, terminated the preliminary proceedings and satisfied the claims of the AGP client in full.

The trial court’s decision was upheld by the appellate court whereto the defendant complained that its procedural rights were violated. The defendant however failed to submit any legal argument or new evidence and did not appear at the hearing. Attorney Olga Zelenskaya insisted that the defendant’s aim was protracting the proceedings so the appellate court accepted her argument and upheld the trial court’s decision.