COBALT successfully represents AS SEB Banka in a dispute over the discharge of a guarantor

COBALT successfully represented AS SEB banka in a dispute with a guarantor who had brought a claim asking the court to release him from liability for a debt, citing the bank’s alleged negligent conduct in collecting from borrowers. In its examination of the cassation appeal prepared by COBALT, the Senate held that the Court of Appeal had misapplied Article 1714 of the Civil Law and had not ascertained all the circumstances of the case, which had led to an incorrect judgment. On rehearing, the court of appeal dismissed the guarantor’s claim against the bank in its entirety.

Legal assistance to AS SEB Banka was provided by Specialist Counsel Mārtiņš Aljēns.