LESHCHENKO & PARTNERS successfully defended client’s ownership rights to a Bentley

The team of LESHCHENKO & PARTNERS has won a case in the court of first instance regarding the recovery of a Bentley vehicle. The court fully dismissed the claim, recognizing the firm’s legal position as well-founded and consistent.

The dispute arose when the plaintiff, who had once voluntarily transferred the vehicle to an acquaintance, later sought to reclaim it from the current owner — our client. After several subsequent sales, the vehicle changed ownership multiple times and was eventually acquired by our client as a bona fide purchaser.

The plaintiff argued that the final owner should bear responsibility for the improper performance of contractual obligations between the initial parties to the transaction. However, the LESHCHENKO & PARTNERS team demonstrated in court that such a position contradicts the current judicial practice.

In its reasoning, the team referred to the new legal position of the Supreme Court, formulated in the decision of the Grand Chamber of the Civil Cassation Court dated 11 December 2023 in case No. 752/5281/20. The Court held that transferring a vehicle for use by another person does not constitute the owner’s loss of possession against their will. Therefore, the risk of choosing an unreliable counterparty rests with the owner who voluntarily entrusted the property to another.

Based on this reasoning, the firm’s lawyers proved that:

• the vehicle left the plaintiff’s ownership voluntarily;

• the client acquired the vehicle lawfully;

• there were no unlawful actions on the part of the client;

• the plaintiff failed to prove the client’s bad faith.

The court accepted these arguments and dismissed the plaintiff’s claim in full.

The LESHCHENKO & PARTNERS team continues to monitor the case in preparation for a possible appeal.