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PRAGNUM protects the interests of a large juice concentrate producer

PRAGNUM protects the interests of a large juice concentrate producer

Very often, when presenting the legal position and the potential risks of a legal dispute to the client in the context of the practice of the Supreme Court, we get responses based on the client’s belief in the total corruption of the judicial system and the impossibility of obtaining a decision other than “by the usual means”. In fact, this stereotype has been formed by the media and the negative experience of considering a case at first instance or in court of appeal. In this case, representing the juice concentrate plant, PRAGNUM managed to achieve not one, but two gems among court decisions that restore faith in Ukrainian advocacy and justice.

In the first case, having lost the first instance, the opponent went all-in and, with the help of the dubious opinion of a forensic expert and the questionable loyalty of the appellate judges, was able to get the decision overturned. One should always remember, however, that only the Supreme Court puts an end to any dispute, and it is very much not inclined towards dubious gambles, since they can, in the future, form the basis of sustainable practice. The same happened in this dispute: the Supreme Court overturned the decision of the court of appeal and sent the case for reconsideration to the very place where they showed such feats of loyalty to our opponent.

In the second case, the Supreme Court outdid itself, not only agreeing with our argument that its consideration is of exceptional importance for the judicial system as a whole, but also upholding the complaint, fully agreeing with each of our proposed arguments, revoking two negative court decisions and sending the case for a new round of reconsideration.

In light of these victories, PRAGNUM would like to remind that there is no need to bend under the strain of appellate decisions. Fight to the last, without thinking that the Supreme Court is a formality or that the losing party can never turn the case around 180 degrees.