Precedent decisions obtained by our firm

In the application we pursued seeking compensation for the loss of value sustained by a vehicle as a result of a traffic accident, the insurance company raised a limitation defence.

In our application we argued that, for claims arising from compulsory motor third-party liability insurance, the period does not run from the date of the accident but from the date on which the damage and the party responsible became known. Assessing the damage records in the file together with the loss adjuster's report, the arbitration panel rejected the limitation defence and, in line with the expert report obtained, ordered payment of the diminished value together with the adjuster's fee, plus interest accruing from the date of the application.

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Following the unlawful termination of our client's employment contract, the action sought severance and notice pay together with claims for overtime and for pay in respect of national and public holidays.

It was established that the timesheets submitted by the employer bore no signature and did not reflect the actual working pattern; the statements of colleagues who had worked at the same workplace were assessed together with the entry and exit records. Relying on the accounting expert's report, the court upheld the claims, applying a discretionary reduction.

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Enforcement proceedings without a judgment were commenced to collect our client company's commercial receivable; the debtor objected and the proceedings were suspended.

In the action we brought to annul the objection, the liquid nature of the receivable was established by means of delivery documents, invoices and the current account statement. The court annulled the objection and ordered the proceedings to continue; having regard to the liquid nature of the receivable, it also awarded compensation for unfounded denial calculated on the principal sum.

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