The performance from year to year

Objective

A large development company, our client, decided to challenge the Moscow City Property Department’s refusal to renew a lease contract due to a change in the type of the authorised use of property and its demand to pay additional 600,000,000 roubles for leasehold.

The client turned to Forward Legal at a stage when a cassation appeal had already been filed by the client’s in-house lawyers. A long history of the issue (1996), an ambiguous legal position and inconsistent judicial practice seriously complicated the case.

Resolution

Forward Legal lawyers managed to quickly review the full history of the case, offer a new judicial strategy, and make an important addition to the cassation appeal.

Result

Thanks to the ability to think creatively about how to review the facts of the case and immerse in the historical background of the issue, Forward Legal lawyers managed to rescind the cassation court’s decision and affirm the trial court’s ruling at the cassation level.

Forward Legal lawyers proved the illegality of the Moscow City Property Department’s refusal to make changes to the lease agreement after changing the type of the authorised use of property, and successfully challenged the additional payment of 600,000,000 roubles. Also, Forward Legal lawyers managed to counter the established negative practice of the Supreme Arbitration Court with this case.