In case A56-61873/2021, the Arbitration Court of St. Petersburg and the Leningrad Region decided to grant our client’s claim for unjust enrichment. After the litigation, we appealed to the court with the requirement of reimbursement of court costs, including expenses for extrajudicial expertise.
The court of first instance awarded the cost of legal services from the defendant but refused to award the costs of an out-of-court expert review and terminated the proceedings in this part. According to the court, such costs were subject to recovery in a general claim proceeding. On May 26, 2022, we filed an appeal, which was granted by the decision of the Thirteenth Arbitration Court of Appeal on August 15, 2022.
The appellate instance indicated that even though the examination was carried out before filing the lawsuit, its holding was justified by the need to collect evidence to substantiate the plaintiff’s position in the case. The claimant’s need for such an extrajudicial examination is confirmed by the fact that the court, in its decision on the merits of the dispute, referred to it as one of the pieces of evidence in favor of the plaintiff. The cost of the extra-judicial expertise is recovered from the defendant in full in favor of our client, according to the rules for the recovery of court costs.
