Successful Defense in Mining Sector Damages Claim Upheld on Cassation

We have concluded a civil damages dispute with a strong outcome for our client in the mining sector - the respondent’s position was affirmed on appeal and upheld on cassation. The appellate court found that a material part of the claim was not proven and amended the first-instance decision, awarding only the amount supported by evidence and a demonstrated causal link. The cassation court left the appellate ruling unchanged. Three takeaways: 1. A “calculation/estimate” is not the same as proven loss. 2. Causation, necessity and reasonableness remain decisive. 3. Expert evidence and disciplined proof strategy win cases.