Asters successfully defends leading Ukrainian bank in USD 3 mln dispute with safe deposit box holder

Asters, the General Partner of the Ukrainian Bar Association, has successfully defended a leading Ukrainian bank in a dispute with an individual who sought over USD 3 mln in compensation for allegedly inadequate protection of their safe deposit box. The claimant asserted that the bank had failed to implement appropriate security measures, which led to the loss of cash in the box.

At the beginning of the proceedings, the local court and the court of appeal ruled in favour of the claimant. However, on cassation review, the defendant’s lawyers demonstrated that the bank had acted lawfully and that the facts of the case supported its innocence.

The Supreme Court found the bank's arguments reasonable, set aside the lower courts' decisions and ordered a new appeal. The appellate court allowed the bank's appeal and dismissed the claim. On 5 March 2025, the Supreme Court upheld the position of the bank and dismissed the claimant's cassation appeal, finally resolving the case in favour of the bank.

Asters' litigation team, working on the case in cooperation with attorneys from PwC Legal Ukraine, included Partner Gleb Bialyi, Counsel Sergiy Dusanovsky, and Associate Oleksiy Hlovatskyi.

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