Recovery of debts, damages and unjust enrichment

Common weaknesses are an inaccurate calculation, poor links between the debt and performance records, and correspondence that changes or obscures the basis of the claim. Break the total down by period and legal basis. Account for partial payments, calculate interest and contractual penalties correctly, and separate principal from additional claims. Each figure should follow from the contract or applicable rule; unexplained differences invite objections. Link each part of the debt to the relevant delivery, service or acceptance record. Identify individual shipments rather than referring generally to numerous supplies. Where documents are unsigned or missing, establish what other evidence proves performance and the amount due. Check correspondence for inconsistent amounts or changing grounds. Informal agreement to supplier expenses or bonuses may affect the balance. Explain any difference between the pre-action demand and the claim filed in court. Audit the records before making a demand and prepare one reconciled account of the debt, with supporting documents. Gaps may be repairable later, but doing so during proceedings can be harder and subject to procedural limits.

Damages are worth adding where there is a distinct loss, a provable causal link and documents showing that the contractual remedies do not cover the full loss. Without that evidential basis, a damages claim can burden the case. Legal basis: Article 15 of the Russian Civil Code — right to claim compensation for recoverable loss caused by a breach; Article 393 of the Russian Civil Code — liability for loss caused by non-performance or improper performance, subject to the applicable legal requirements; Article 404 of the Russian Civil Code — reduction of damages where the creditor contributed to the loss. A damages claim generally requires proof of the breach, recoverable loss, causal link and amount, with fault or the applicable liability standard assessed under the governing law. Actual loss should be supported by evidence of expenditure or property damage; lost profit requires a reasoned basis showing that the income was realistically obtainable. Market-price or cover-transaction damages depend on the legal regime and facts. Russian Supreme Court Plenum Resolution No. 7 of 24 March 2016 provides guidance on liability and damages under Russian civil law. Claims for lost profit should be supported by a concrete calculation and evidence of a realistic opportunity to earn it. Do not mix actual loss with lost profit or include costs that would have arisen anyway. Damages should be developed as an evidential claim, not added as an unsupported fallback.

The contract and performance documents should be read together. The contract defines the agreed legal model; invoices, acceptance documents, payments and correspondence show how the relationship was actually performed. If those records tell different stories, the court may have to determine whether there was a breach, a later modification, waiver or another legal explanation for the divergence. For example, unsigned acceptance certificates, changes agreed in messaging applications, or recurring invoice prices that differ from the written contract may all affect the evidential analysis. The useful task is therefore not to choose one document over another, but to build a chronology showing what was agreed, what happened in practice and which documents support each disputed fact.

No. A pre-action demand is stronger when it states a coherent primary breach and the remedies that follow from it. Adding every conceivable claim can create internal contradictions and make the evidential basis harder to defend. The demand should identify the breach, quantify the direct consequences where possible, state the principal remedy and add only those ancillary claims that have a legal and evidential basis. Potentially incompatible remedies should not be combined without analysing their legal relationship. Contractual penalties, statutory interest and damages also need to be tested for compatibility rather than simply accumulated. Article 395 of the Russian Civil Code + full damages may not be cumulatively available; the legal relationship between each remedy must be checked. Lost-profit claims require evidence and calculation, and non-pecuniary damages are generally not a remedy for an ordinary commercial dispute between companies. A sound demand identifies the contractual provision and breach, states the principal claim with a calculation, adds properly supported ancillary claims, sets the performance period and attaches the documents on which each claim relies. It should be drafted with the likely litigation position in mind.