The attorneys and advocates have started a series of individual training courses for the Clients remaining in permanent legal services.
Since the beginning of the year, we have already organised training sessions:
- on contracts concluded in business transactions,
- on current amendments to the Labour Code,
- from the investment process,
- on public procurement,
- company law.
Our specialists in these areas help you wade through the maze of changing regulations, above all by explaining them from the practical side.
The advocates and attorneys at our law firm are representing a Client operating a production plant in a case for payment of contractual penalties in the amount of almost PLN 1 million in connection with the quantity of contractually ordered gas fuel not collected in 2021.
In the trial, the court will have to resolve important issues deciding the liability of entrepreneurs for obligations incurred in 2020 that could not be fulfilled during the pandemic period.
Applications by construction contractors for valorisation of remuneration for 2022 prepared with the assistance of the firm's legal attorneys and advocates are gaining acceptance by investors.
There is no need to go to court right away; first it is necessary to properly prepare the valorisation request and start discussions. Our team supports construction contractors implementing primarily public investments and we have the first results. Already in the near future, our Clients' accounts will be credited with approximately PLN 17 million in salary adjustments.
The firm's lawyers successfully concluded a case for the protection of personal rights. The case concerned a statement made by the law firm's Client in an interview given to one of the portals, in which the opposing party claimed that the statement violated personal rights, such as honour, good name and business reputation. The claimant demanded that an apology be published.
The Court of Appeal in Rzeszów, similarly to the Regional Court in Rzeszów, shared the argumentation of the law firm's attorneys and advocates that in the context of the overall factual circumstances of the case and the broad situational background related to the multifaceted relations of the parties and their affiliated entities (also in the context of competing professional relations), the statement of the law firm's Client found a justified factual basis for expressing the assessment contained in the interview, and thus did not remain unlawful, which excludes the possibility to pursue claims for infringement of personal rights.
At the end of February 2023, the law firm's lawyers successfully concluded a long-standing litigation, the subject of which remained claims for payment of remuneration for non-contractual use of real estate claimed by the Municipality from the law firm's Client. The background of the case were circumstances related to the seizure of a part of the Municipality's land as a result of trespassing the property boundaries in the course of realising a construction project, which, after the bailiff's auction, was then continued by the Company represented by the law firm. In this case it remained relevant, that in 2014 a court settlement was concluded between the Municipality and the law firm's Client, on the basis of which the Municipality undertook to transfer the disputed land to the Company against payment of the agreed remuneration, which was expected to take place still in 2014. For a number of years, however, the Municipality did not proceed with the settlement, initiating a number of lawsuits against the Company, including a lawsuit for payment of remuneration for non-contractual use of the property for the period covering 2015 - 2016.
The Court of Appeal in Rzeszów shared the argumentation of the firm's attorneys-at-law and advocates, by means of which they argued that the Commune's bringing of the action constituted an abuse of subjective right (Article 5 of the Civil Code). Emphasising the uniqueness of the institution of abuse of subjective right, the Court assumed that, in the specific circumstances of the case at hand, the actions of the Municipality in evading for several years the execution of a court settlement aimed at regularizing the legal status of the property and then seeking remuneration for non-contractual use could not be protected as being contrary to the principles of social co-existence, including in particular the principle of loyalty.
The judgment is final and of significant importance for the Company in the context of further claims made against it by the Municipality.
The firm's advocates and attorneys-at-law provided comprehensive legal assistance in connection with a complex and multifaceted process of restructuring third-party receivables due to the firm's Client and establishing security for the repayment of these receivables. The restructuring process concerned receivables from various titles in the total amount of approximately PLN 400 million and was conducted over a period of approximately eight months. The solutions proposed by the law firm made it possible to reach agreement terms satisfactory to all parties.
The firm's attorneys-at-law successfully concluded a court dispute representing a Client who was a minority shareholder in a limited liability company. The majority shareholder demanded the exclusion of the law firm's Client from the company, justifying it, i.a., by numerous inspections carried out in the company by the minority shareholder and by the fact that the law firm's Client resides permanently outside Poland.
The law firm successfully represented the Client in this case before the courts of first and second instance and the Supreme Court. The courts of both instances shared the lawyers' views that there were no important reasons within the meaning of the law causing the necessity to exclude the shareholder.
The Supreme Court, on the other hand, accepted in its entirety the argumentation of the law firm's lawyers contained in the response to the complaint and thus did not accept the cassation for examination.