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The Supreme Court of Lithuania has upheld the arguments of the cassation appeal drafted by lawyers of Šulija Partners Law Firm Vilnius representing a Russian creditor in the case on recognition and enforcement of 3 Russian court rulings against a debtor in Lithuania.
The Supreme Court has ruled that despite the report of expertise submitted by the debtor and other debtor’s efforts to prove that he did not participate in the court proceedings in Russia and was not properly informed about such proceedings, the evidence presented in the case clearly show that the debtor in fact participated in the proceedings in person and also through his representative, and thus his right of defence was not limited in any way.
The Supreme Court also concluded that when assessing whether a person was properly informed about the court proceedings, the most important fact is whether a person was actually given the opportunity to participate in the proceedings and not whether the formal requirements set out in legal acts for informing about the initiated proceedings were met.
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