Leszek Zatyka
Would a state of extraordinary measures change the issue of damages for businesses?
No one expects the Polish State Treasury to bear full responsibility for businesses’ losses due to the coronavirus epidemic. However, the regulations should provide some recompense for parties injured by the introduction of sweeping commands, limitations and prohibitions on business operations. This is required first and foremost by concern for the state of the national economy for which businesses are the driving force.
Unlawful acts of public authority
The issue of unlawful acts and omissions generates some of the greatest controversy in the case law surrounding claims for damages against public authorities. It requires proof from which the court can conclude that a specific act or failure by public bodies was contrary to law.
Public authorities’ liability for damages
The topic of liability for damages on the part of public authorities is not widely known. Many people are not aware of the extensive rights at their disposal connected with actions by bodies of public authority. Consequently, injured parties often fail to pursue redress of losses suffered in connection with public administration.
Liability of public authorities in the real estate development process
The real estate development business relies on decisions issued by administrative authorities for architectural and construction matters. The development process follows a number of successive phases, and only after positive completion of one phase can the process move on to the next phase.
Damages for over-lengthy administrative proceedings
In a case handled by Wardyński & Partners, the firm has obtained a favourable ruling from the Warsaw Regional Court awarding damages for loss caused by inaction of the authorities and wrongful acts and omissions in administrative proceedings.
Supreme Court stands up for owners of apartment buildings and communal tenants
In a case led by Wardyński & Partners, the firm obtained a ruling from the Supreme Court favourable to owners of buildings as well as communal tenants, establishing the rule of the liability of the City of Warsaw for non-contractual use of the property.
Claims for damages for administrative inaction
Failure to consider a decree application can be grounds for public entities to make up the loss for depriving the owners of rights to land in Warsaw.
Is purchasing property in a bailiff's auction worth the trouble?
Real estate auctioned off in execution proceedings may be tempting because of below-market prices. But a low price also has its price.
Reimbursement of investments in reprivatised real estate
A public entity will not always be compensated for investments made in real estate regained by the right owners through reprivatisation.
Reprivatisation of real estate in Poland
It is still possible to regain property expropriated by the state after the Second World War, and in some cases compensation is awarded instead.
Where there's a will there's a way
The Notarial Register of Wills, recently rolled out by Poland’s National Council of Notaries, makes it easier for creditors to locate a will and establish the legal successors of a deceased debtor.
Perpetual usufruct and public reliance on land and mortgage registers
The warranty of public reliance on land and mortgage registers protects an acquirer of perpetual usufruct in the event of defective entry in the land and mortgage register of the State Treasury or territorial governmental unit as the owner of real estate.
