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Acquittal of a drunk driver does not exclude civil liability
European Court of Human Rights, criminal, insurance
In December 2020, the European Court of Human Rights issued its judgment in Papageorgiou v Greece (application No. 44101/13), holding that despite his prior acquittal, the imposition of civil liability on a driver for causing an accident under the influence of alcohol did not violate the presumption of innocence. The case provides an opportunity to discuss how the outcome of criminal proceedings impacts drunk drivers’ liability for damages.
Getting ready for dawn raids
It is September 2020—hopefully a post-pandemic world. Your company has successfully weathered the storms of crisis, and social and economic life is slowly recovering its previous pace. Most people work at the office again, and you are on your way there. Before arriving at 9 am, you usually stop by the corner coffee place to have a morning espresso and browse the daily news. But at 8:15 am you get a call from the office. It is the receptionist, saying that the company has been approached by agents requesting to inspect the company’s files and computer system. You get to the office and find a few men waiting in black suits. They present a warrant and insist on starting the inspection immediately. It is a dawn raid. And the question is whether you are prepared to handle it.
Force majeure and civil-procedure deadlines
Does the COVID-19 epidemic constitute force majeure interrupting the running of time limits on all claims? This is a vital issue for persons for whom time limits are expiring before entry into force of the planned statutory suspension of limitations periods.
Coronavirus: How to challenge compulsory treatment?
already in force, coronavirus
Faced by the spreading SARS-CoV-2 epidemic, the Polish Parliament and President rushed through a Special Coronavirus Act. The act is intended to clarify and supplement regulations on prevention of the spread of infectious diseases in Poland. But by giving total primacy to protection of the public interest, the act ignores the issue of the rights and freedoms of persons subjected to various forms of compulsory treatment (hospitalisation, quarantine, and epidemiological supervision). Do individuals have any means of legal protection in this context?
The return of the separate procedure in commercial cases
already in force, litigation
Along with the recent amendment of the Civil Procedure Code, the separate procedure in commercial cases has returned. This will undoubtedly be a major change for businesses and their counsel.