Dmitry Uryakin has assessed for Pravo.ru the position of the Supreme Court of the Russian Federation on the issue of joint and several liability for reimbursement of court expenses

In a recent dispute, the Supreme Court of the Russian Federation reminded us that the separate filing of complaints by different persons when their claims have not been satisfied does not entail a joint and several liability to reimburse expenses. In this case, the money should be recovered on a shared basis, taking into account the procedural behaviour of each person and other important circumstances affecting the growth of legal costs, the Economcollegiya explained.

According to Dmitry Uryakin, Senior Associate, Head of General Business Law Practice at Maxima Legal, the position of the Supreme Court of the Russian Federation is not fundamentally new. As examples, the expert cited the ruling of  Commercial Court  the Far Eastern District of 21 January 2022 in case No. A73-21766/2018 and the act of tCommecial Court the West Siberian District of 31 July 2023 in case No. A75-495/2019. As Dmitry explained to Pravo.ru, in the first case the court concluded that the Commercial Procedure Code did not provide for the joint recovery of court costs from several persons if they were not joint debtors, and in the second “the cassation explained that without solidarity of debtors or creditors, the court had to determine the specific amount to be recovered from each person”.

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