Leszek Zatyka
Extension of the relief sought on appeal should be more available
07.03.2024
litigation, government claims, real estate
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
22.02.2024
government claims, administration
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.
Would a state of extraordinary measures change the issue of damages for businesses?
07.04.2020
coronavirus, government claims
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
29.06.2017
administration, litigation, government claims
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
23.06.2016
government claims, litigation
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
23.06.2016
real estate, government claims
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
03.03.2016
administration, reprivatisation
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
25.02.2016
reprivatisation, Supreme Court
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
18.06.2015
reprivatisation, government claims
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?
20.02.2014
real estate
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
13.06.2013
real estate, reprivatisation
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
29.11.2012
real estate, reprivatisation
It is still possible to regain property expropriated by the state after the Second World War, and in some cases compensation is awarded instead.