Last week, Altelaw&Sempra Senior Partner Olga Savchenko and Partner Olga Sydorchuk imparted their practical expertise to the in-house legal team at Kernel, as part of a professional development programme organised by Legal High School.
The session focused on the scope of cassation review and the principle of party disposition within the context of current case law from the Administrative Cassation Court of the Supreme Court.
Key topics of discussion included:
🔹 Why the maxim ne eat judex ultra petita partium remains the guiding beacon for the court of cassation;
🔹 The exceptional circumstances under which the Supreme Court is empowered to travel beyond the scope of the arguments set out in the cassation appeal;
🔹 The admissibility of fresh arguments and supplementary submissions: determining when the Court may take them into cognisance and when they are precluded;
🔹 Strategic approaches to drafting grounds for cassation to mitigate procedural risks.
“Cassation is not a second bite at the cherry to add what was left unsaid. It is a stage where success belongs to those who can clinically distinguish matters of law from matters of fact and construct a robust legal position from the outset,” the Altelaw&Sempra partners concluded.
We extend our gratitude to Kernel and Legal High School for the invitation. The cross-pollination of legal expertise with high-calibre legal teams is precisely what drives the profession forward.
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