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Cobalt Successful in Defending Ragn-Sells Against Claim for Damages

Cobalt Successful in Defending Ragn-Sells Against Claim for Damages

Estonia
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The Estonian office of Cobalt has advised and successfully represented long-term client AS Ragn-Sells against a monetary claim made against it.

According to Cobalt, "the dispute primarily concerned the expiration of claims for damages in a lease agreement. Specifically, can the lessor wait three years to enforce a claim for damages along with contractual claims, or does the claim under the lease agreement expire sooner? Another question of the dispute concerned the suspension of the expiration of the claim due to negotiations. Specifically, whether the defendant should fear that by responding to the unjustified claim and providing reasons for its rejection, it could be considered as holding negotiations that suspend the expiration of the claim?"

According to Cobalt, "both the court of first instance and the court of appeals agreed with our position that the lessor’s claim for damages arising from the lease agreement is subject to a shortened deadline. Furthermore, only communications between the parties which indicates a desire to find a solution to the claim can be considered negotiations that suspend the expiration of the claim. The courts dismissed the claim due to the expiry of the claim. The entry into force of the judgment of the circuit court will bring important legal clarity in regard to the suspension of the expiration due to negotiations."

Cobalt's team was led by Senior Associate Kaidi Reiljan-Sihvart, who was supported by Partners Liina Linsi and Elo Tamm.

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