Our team successfully represented a client, a former CEO of an oil trading company, in interim measures litigation. The Court of Appeal of Lithuania upheld the ruling of the court of the first instance to annul the property seizure applied under the request of the opponent of our client.
As we proved the fairness of the client to the court, the court stressed that without demonstrating the defendant’s intention to hide his or her assets there is no ground to seize the property in order to safeguard the monetary claim.
Moreover, according to the Code of the Civil Procedure, interim measures could be applied only if the prima facie validity of the claim is demonstrated by the claimant. As our client won the case at the first instance, the Court of Appeal stressed that the judgment of the court of the first instance is proper evidence that demonstrates the groundlessness of the claim and therefore denies the right of the claimant to seek the application of the interim measures.