12 august 2015

Vestnik Arbitrazhnogo Suda Moskovskogo Okruga has carried comments by Nikita Shcherbakov

Vestnik Arbitrazhnogo Suda Moskovskogo Okruga, the circuit court’s official periodical, has carried comments by Nikita Scherbakov, a senior attorney with Jus Aureum, on the outcome of Case No. А40-67008/2014, which dealt with the issue of liability on the part of the Federal Court Marshals’ Service and the judgment creditor in certain enforcement proceedings for the erroneous exaction of double the amount of debt owed by a debtor.

The case had an interesting twist when the courts involved saw differently on the subject of the party which may be targeted for damages by a debtor having been subjected to an undue recovery of funds, as well as on the proper legal treatment of such claims.

The circuit court’s judicial practice serves as a guidepost for companies in business in Moscow and the Moscow Region.