Successful representation in litigation cases
We are pleased to announce court decisions in two cases in which our colleagues from dispute resolution practice have successfully represented clients on all levels of jurisdiction.
Voicu & Filipescu represented a well-known insurance company, one of the most important in Romania, before the Craiova Court of Appeal and the High Court of Cassation and Justice in a criminal case having as object multiple crimes (more than 30) committed by a bailiff against several injured parties, natural and legal persons.
Our client was called as a guarantee in this case, being brought into the case as a civilly liable party in the trial phase, risking the coverage of damages of 2 million euros.
In order to defend the interest of our client, VF invoked the right to a fair trial, by the exception of lateness, our client being denied this right by being called directly into the case during the trial phase. The legal basis was a Decision of the Constitutional Court which has not yet been transposed into legislation, representing at the same time a subject of non-uniform practice of the courts.
Following the representation provided both at the level of the Court of Appeal and the High Court of Cassation and Justice, the court ruled in favor of our client, noting definitively that his right to a fair trial was violated.
Our lawyers have also successfully represented a client, as natural person, in a medical malpractice case, in first instance and in appeal phase, against a doctor and the hospital where the client had a surgical intervention in which, through an incorrect medical practice, a medical needle was left implanted in the uterus.
The proceedings in court included a medical examination which indirectly established that the existence of the external body endangered our client’s life but did not establish the fact that the loss of two pregnancies in a 2-year interval was related to the act of malpractice. However, the arguments in the file were supplemented by VF with indirect evidence and elements that highlighted the serious danger in which the client is, interrogations, hearing of witnesses, medical documents.
Following the arguments and pleadings of our lawyers, the court, both in the first phase and the appeal phase, ruled in favor of our client, awarding substantial moral damages in the amount of 550,000 lei, the highest amount awarded in a malpractice medical case which represents a first in our judicial practice related to the committed act.
Our dispute resolution practice group includes highly specialized lawyers who have gained broad experience in assisting multinational and local clients on resolving disputes in connection with their business activity. Our team represents clients in numerous commercial litigation cases in front of courts of law of various jurisdictions as well as in national and international arbitrations.