Limitation of Liability

1. General

1.1. The Legal Notice  and Terms of Engagement applies to this document. This document is an integral part of our Terms of Engagement unless differently specified in writing. Please read it in conjunction with it. The definitions from the Legal Notice will be referred to in this document accordingly.

2. Limitation of Liability

2.1. BOPA and/or the Lawyers are only responsible for the actual damage (in Serbian: “stvarna šteta”) suffered by the Client as a direct result of the Legal Assistance provided to the Client by BOPA and/or the Lawyers under the Engagement Agreement, except in cases where Terms of Engagement explicitly states that we do not accept any responsibility (hereinafter referred to as “Liability”).

2.2. The maximum monetary Liability of BOPA and/or the Lawyers to the Client is capped at the lesser of the following amounts: (i) (i) the maximum amount of coverage under BOPA Lawyers’ professional indemnity insurance applicable at the time, or (ii) an amount equivalent to the multiple of five times our total fees charged to you for our work done on the matter from which your claim allegedly originates. This amount includes all damages, costs, and interest that may be awarded against BOPA and/or the Lawyers.

2.3. The Client may only bring claims against BOPA and/or the Lawyers arising from the Engagement Agreement within: (i) one (1) year after the date of the performance of the actions that gave rise to the alleged Liability, and (ii) thirty (30) days after the Client becomes aware of the alleged breach that gave rise to the purported Liability.

2.4. To limit the personal liability and exposure to litigation of our Lawyers, it is a fundamental condition of our engagement (subject to any relevant statutory provision limiting our ability to do so) that you will not put forward any motion or bring any claim in respect of any damage directly against any of our Lawyers personally. Also, Lawyers who are not explicitly engaged under the Engagement Agreement or the Power of Attorney shall not be held responsible for the Legal Assistance provided by other Lawyers.

2.5. BOPA and/or the Lawyers will only be responsible for work performed under Serbian law. If BOPA coordinates the work of independent Adriala law firms, BOPA will not be liable for the advice provided by any Adriala member firm. The same applies for any external person or legal entity engaged by BOPA for the Client. These liability limits will always apply unless BOPA and the Client agree otherwise in writing.

Last amended on Jan 1st, 2025