The Supreme Court clarifies the preconditions for interim relief

2022 - 07 - 14

The Supreme Court in case No SKC-751/2022 upheld COBALT’s collateral complaint against the Riga Regional Court’s decision rejecting the application for interim relief filed on behalf of the firm’s client. The decision is significant in that it clarifies the preconditions for interim relief. The Supreme Court held, inter alia, that the assessment of substantial damage is not limited to whether that damage is irreparable, but that it may also be sufficient to establish that, in the absence of interim protection, the claimant may suffer damage to property or non-property interests that is difficult to eliminate. Moreover, that assessment must be made not on a theoretical basis, i.e. whether there is any likelihood of an action for damages, but on a practical basis, taking into account the circumstances of the particular case.

The decision of the Supreme Court constitutes case-law on the application of interim relief.

The client was represented by the Specialist Counsel Mārtiņš Aljēns.

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