Extension of the relief sought on appeal should be more available
For years, the rules limiting the extension of a claim on appeal have been a challenge for counsel determining their litigation strategy when seeking damages in tort cases. Over many years of court proceedings, the value of the claims may change as prices rise. But the Polish courts require the amount of the claims to be frozen as of the time of entering the judgment in the first instance, even though there is a long way before the end of the court dispute.
An administrative authority should take into account a right that is not entered in the land and mortgage register but follows from entries of other rights in the register
In determining the parties to administrative proceedings, the authority is bound by the entry of rights in the land and mortgage register. It is presumed that a right disclosed in the land and mortgage register is entered in accordance with the actual legal status. It is also presumed that a cancelled right does not exist. The practice shows that invoking a undisclosed right usually will not rebut these presumptions. But the situation is different with an undisclosed right whose existence can be inferred from other entries in the land and mortgage register.
Revolution in telecommunications services in prisons
Following the posts on the Government Legislation Centre website can be an interesting experience. Sometimes, seemingly trivial legal changes lead to a number of serious consequences. It is likely that such consequences will touch businesses in a specific market rarely mentioned in public debate. This is the market for telecommunication services at Polish prisons. Seemingly innocuous, the proposed changes could completely eliminate Polish companies from this market.
The amendment to the Administrative Procedure Code of 11 August 2021: What does it actually mean, and does it live up to the declarations of the authorities?
The provisions of the Administrative Procedure Code amended on 11 August 2021 regarding the time limits for invalidating administrative decisions or finding that they were issued unlawfully will come into force on 16 September 2021. What are the real consequences of this amendment? They seem inconsistent with the pronouncements of Poland’s highest state authorities.
Seeking compensation for expropriation before the county executive
A decision on compensation for real property taken by the state may also be issued by the county executive, according to Art. 129(5)(3) of the Real Estate Administration Act of 21 August 1997. When can this provision constitute a basis for determining the compensation due for expropriated property?
Next phase in limitation and extinguishment of reprivatisation claims to Warsaw properties
Amended regulations governing claims by former owners under the Warsaw Decree entered into force on 20 October 2020. Consequently, the only form of reprivatisation in Warsaw admissible in practice will be damages pursued through complicated, time-consuming and costly judicial proceedings, while a large portion of claims will be extinguished without compensation.
Personal injury during the pandemic
The state’s enforcement of epidemiological restrictions (commands and prohibitions), despite many doubts as to their constitutionality, currently constitutes lawful exercise of public authority. Nonetheless, even actions by the state with the blessing of the law may entail a risk of COVID-19 infection for doctors, nurses, police and others. Serious detriment to their health—or even death—as a result of infection may give rise to liability on the part of the State Treasury under the principle of equity.
State Treasury liability for legal injury during the pandemic
Declaration of a state of epidemiological threat and then a state of epidemic, and other legal acts, entails not only introduction of commands and prohibitions in everyday and professional life but also various types of restrictions on business operations. Doctors may be directed to work in hospitals for infectious diseases. Businesses are saddled with new restrictions causing them to generate significant losses. Can damages be sought from the State Treasury due to these restrictions?
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.
Damages for legislative unlawfulness
If injury is caused by a defective normative act, it may be unclear where to seek damages—from the State Treasury or from local government—particularly in cases where the actions of these defendants may not be regarded as unlawful.
Liability of the State Treasury for loss caused by overlengthy judicial proceedings
Jak ocenić, czy postępowanie sądowe jest przewlekłe, i jak dochodzić odszkodowania, jeśli przewlekłość postępowania spowodowała szkodę.
