What's new in litigation law?
The New Year often brings with it numerous changes in regulations, including changes affecting specific judicial or administrative procedures, with an impact on how litigation is conducted. What’s new in this area in 2013?
Ecological NGOs are capable of more and should do more
Imposing remedial measures requires a finding of environmental harm, including determination of a reference point for assessment of the damage. If an ecological NGO claims environmental harm, it must be properly documented.
Monika Hartung: Enforcement of foreign judgments in Poland is not a problem
An interview with Monika Hartung, a partner at Wardyński & Partners, who co-heads the firm’s Dispute Resolution & Arbitration Practice, about jurisdiction and choice of law.
There's more to litigation than the Civil Procedure Code
Sometimes the Civil Procedure Code does not provide a satisfactory response to a litigation issue. The answer may lie in a less obvious source.
Who can sign the statement of claim in a class action suit?
Only an adwokat or legal adviser may sign the statement of claim in a class action suit, the Supreme Court of Poland has held in a resolution clarifying the Class Actions Act. A statement of claims signed by anyone else will be rejected by the court.
Dr Marcin Lemkowski: The Class Actions Act plays little role in everyday legal practice
An interview with Dr Marcin Lemkowski from the Dispute Resolution & Arbitration Practice on why so few class actions have been filed in Poland and whether they will likely become more numerous in the future.
Róża Thun: ADR is cheaper and more convenient for businesses than the courts
An interview with Róża Thun, a member of the European Parliament and the Committee on the Internal Market and Consumer Protection, about the European Commission’s new initiative for resolving consumer disputes.
The requirement for legalisation of foreign official documents
Courts and state offices typically demand legalisation or apostille of official documents issued in another country, but it is not always necessary.
Poland: legislative amendments could help to better enforce cessation claims under IP law
A problem in protecting intellectual property rights was ensuring the effectiveness of court orders that infringement of those rights cease; a proprietor did not have fully effective measures to be able to enforce such an order.
New interlocutory appeal to the Supreme Court
A change in the Civil Procedure Code enables the parties to seek a ruling from the Supreme Court of Poland when a judgment is vacated on appeal and the case is remanded to the lower court for rehearing. A new interlocutory appeal will be available for thi
Dr Marcin Lemkowski: Under the revised procedure, more things will be left up to the judge
An interview with Dr Marcin Lemkowski from the Dispute Resolution & Arbitration Practice at Wardyński & Partners about recent amendments to the Civil Procedure Code
New rules for presenting evidence
Civil cases filed in Poland from 3 May 2012 will be governed by new civil procedure rules. What should the parties and other stakeholders pay particular attention to when deciding how to proceed in a case filed after the effective date of the new rules?
