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Kachkin & Partners advises the professional community of architects

 

The Commercial Court of Saint Petersburg and the Leningrad region ruled out on the termination of the proceedings in the dispute between the Non-Commercial Partnership ‘Guild of Architects and Engineers of Saint Petersburg’, the Union of Architects of Saint Petersburg, the Non-Commercial Partnership ‘Association of Architectural Workshops’ and ‘Nothern Crown (Severnaya Korona)’ Ltd. This is one of the rare cases when the mass media representative succeeded defending his interests in the slander dispute. Kachkin & Partners law firm acted as the respondent’s consultant.

A note entitled "…and to ‘Severnaya Korona’ we say No" was published in the research and information bulletin ‘Architectural Peterburg’ No 2(3) from 2011. The article described the session of Town Planning Council where the proposals for reconstruction of ‘Severnaya Korona’ hotel on the embankment Karpovka river, 31, Liter A were rejected. This note became a reason for ‘Severnaya Korona’ Ltd to file a claim to the Commercial Court for protection of the company`s business reputation.

All three professional associations of architects are the founders of "Architectural Peterburg" bulletin and had to engage in a dispute as defenders, whereas Kachkin & Partners law firm conducted the protection of their interests before the court.

"Initially, there was no clarity in the dispute, we went through the appeal and cassational instances  which resulted in returning the case into the  Commercial Court of Saint Petersburg and the Leningrad region", — says the Head of Real Estate and Investments Practice at Kachkin and Partners, Dmitry Nekrestyanov. — But together with the Client we had managed to develop the credible and strong standpoint which was later brought to the claimant with the support of the professional community of architects. It was agreed, that ‘Severnaya Korona’ abandoned the claim in full and the Commercial Court agreed with the results of the negotiations". 

"Unfortunately, it is quite challenging for a non-commercial professional associations to protect their interests on an independent basis, — says Oleg Romanov, Vice-President of Architects` Union of Saint Petersburg. "But we are glad that we could not only stand our ground, but also save a working relationship with the investor, since this is a significant place for the city architectural space and the opinion of the professional association should be considered. Most often, disputes on business reputation reflect the reluctance of the parties to hear the standpoints of each other. It is good to know that in our case the things turned out differently".

The slander litigation becomes more and more widespread, although the judicial practice in this area is diverse and contradictory. It is extremely complicated to decide whether the information in the mass media is true and how exactly it can affect the business reputation.

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Денис Качкин

Адвокат
Управляющий партнер
Руководитель практики по инфраструктуре и ГЧП
Заведующий базовой кафедрой юридического факультета НИУ ВШЭ — Санкт-Петербург

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Денис Качкин

Адвокат
Управляющий партнер
Руководитель практики по инфраструктуре и ГЧП
Заведующий базовой кафедрой юридического факультета НИУ ВШЭ — Санкт-Петербург

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