6 June 2022
Katarzyna Półtorak
Wiktoria Warszawska
One of RKKW’s clients is an investment firm. The Client was brought to court by an agent for payment of the fee under the agency agreement on the sale of shares in a limited liability company operating in the renewable energy sector. The dispute was primarily about the construction of the agreement regarding the agent’s fee, but the complex factual circumstances of the case were also disputed. The challenge was to reconstruct a nearly 2-year transaction process in multiple stages, and analyze a number of concurrent business relations between the parties.
The court of the first instance granted in full the opponent’s claim, thus paving the way for a ruling in a business case and enforcement of security over the Client’s assets, totaling a few hundred thousand PLN.
Our efforts helped secure the successful outcome for our Client at the Court of Appeal. Granting the appeal submitted on our Client’s behalf, the court reduced the agent’s fee by nearly 95%. Considering that the dispute was over one of the tranches of the fee, it is of seminal importance for other potential claims of our Client’s opponent which, if granted, could reach a few million PLN.
The ruling is final.
The case was managed by barrister Katarzyna Półtorak, our Client’s attorney, assisted by trainee barrister Wiktoria Warszawska and attorney-at-law Piotr Frelak. Work of the team was coordinated by a Partner and attorney-at law, Damian Dworek.
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