Representing a company in courts of general jurisdiction

What is happening

A dismissed manager is claiming reinstatement, pay for enforced absence and compensation for distress. The HR paperwork was pulled together in a hurry, and the director, convinced the dismissal was fair, cannot see why the court is looking first at procedure.

A customer who is a private individual is unhappy with goods or a service and has sued under consumer protection legislation. A statutory penalty and a fine have been added to the principal sum, and the total claim is several times the value of the original order.

Sometimes the company brings the claim itself: recovering a debt from an individual guarantor, from a former director under a loan, or from someone who damaged company property. Jurisdiction in these cases works differently from what commercial court lawyers are used to.

What the law says

• Jurisdiction depends on who the parties are and what the dispute is about. Where one party is an individual without sole trader status, the case is usually heard by a court of general jurisdiction under the Code of Civil Procedure; corporate disputes and insolvency cases are among the exceptions.
• In dismissal cases the employer must prove that the ground was lawful and the procedure followed; under the Labour Code an employee bringing a claim arising from employment does not pay court fees.
• Under Law of the Russian Federation No. 2300-1 of 7 February 1992 "On Consumer Rights Protection", when a consumer's claim is upheld the court orders the seller or service provider to pay a fine of fifty per cent of the award if the claim was not met voluntarily. That makes the pre-court stage critical for the company.
• The reasoned judgment is often produced several days after the operative part is announced. An appeal under the Code of Civil Procedure is lodged within one month of the judgment being issued in its final form.
• A company may join someone else's case as a third party if the outcome affects its rights or obligations. This is often thought of too late, once the judgment has been given and must either be complied with or challenged.
• The judgment is enforced by a writ of execution through the bank or the bailiffs under Federal Law No. 229-FZ of 2 October 2007 "On Enforcement Proceedings".

What we do

• We establish which court has jurisdiction and, if the rules have been breached, apply for the case to be transferred.
• We review the company's documents as the court will: HR orders, reports, consumer contracts, correspondence and complaint records.
• We draft the defence or the statement of claim, and applications for disclosure of evidence and for witnesses to be called.
• We consider whether settling before judgment makes sense and, if so, prepare an offer to the claimant and a draft settlement agreement.
• We represent the company at hearings, examine witnesses and answer the arguments of the claimant and their representative.
• We obtain the reasoned judgment, assess grounds for appeal and prepare the appeal or a response to it within the time limit.

What we will need from you

• The statement of claim and all papers received from the court, with envelopes and dates of receipt.
• For an employment dispute: the employment contract, orders, job description, disciplinary records, timesheets and payslips.
• For a consumer dispute: the contract or receipt, the customer's complaint and your reply, and documents on the quality of the goods or service.
• Internal correspondence and statements from staff who know the facts.
• Details of who could give evidence as a witness for the company.
• A power of attorney to represent the company in court.