Interlegal lawyers returned 80,000 USD under the Charter Party
12 September, 2019
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The Client and the Shipowner concluded the Charter Party in 2017.
Having received by email the Offer, stating that commencement of cooperation between the Parties requires for advance payment under the Charter Party amounting to 80,000 USD, the Client made advance payment.
Further the Shipowner evade performance of the Charter Party with reference to financial difficulties, problems with customs office, port agents, non-performance of formalities regarding the Vessel, followed by cancelling the Charter Party.
But the Client’s advance payment still remained non-returned, keeping no contact with the Client.
Having analyzed the provided documents, Interlegal lawyers stated the following:
– having concluded the Charter Party and requesting for 80,000 USD, the Shipowner knew that the Vessel cannot be used for performance of the Charter Party;
– the Shipowners committed actions beyond its civil obligations;
– the Shipowners committed actions with elements of criminal offense.
Interlegal lawyers drafted and filled the application on crime commitment, having provided to the pretrial investigation body all the evidence serving as grounds for initiating criminal proceedings.
Due to initiating numerous investigative actions aimed at obtaining evidence on the merits, the Client had advance payment amounting to 80,000 USD returned.
Interlegal associate attorney Ellina Romanova and junior lawyer Nikita Kocherba led the case.