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• The existence of a directors and officers liability policy is not sufficient to assert a direct action against the insurance com

  02-02-2012

  The Warsaw Court of Appeal has held that an insurance company may be liable for a loss caused by an insured as a member of a corporate management board only upon compliance with certain formal conditions.

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• Lack of due diligence is not an unlawful act

  28-11-2011

  A management board member’s failure to apply due diligence does not result in liability to the company without a specific unlawful act causing injury to the company.

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• Circumstances, which from the standpoint of a party may raise doubt as to the impartiality of a judge lead to his exclusion

  26-03-2009

  An interpretation of art. 49 of the Civil Procedure Code (CPC), whereby only social, personal or commercial contacts justify exclusion of a judge from adjudication of a case, is overly narrow.

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• Inability to exempt a party from the obligation to pay a basic fee on an appeal does not justify its dismissal

  26-03-2009

  A motion for exemption from the basic fee that is presented for the first time in an appeal is not subject to dismissal, and inability to recognise it does not justify dismissal of an appeal as being unpaid.

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• A management board member will not pay creditors of a bankrupt firm since he did not worsen its condition

  26-03-2009

  Only a worsening of a company's material situation, therefore, that of creditors, will evoke personal liability on the part of management board members. Mere delay in filing a motion for bankruptcy does not necessarily entail such risk for managers.

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• Failure to select a proper court when a lawsuit may be filed at several of them does not constitute a formal omission ...

  25-03-2009

  ... justifying return of a lawsuit

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• An appeal in which a plaintiff presented a new claim should be rejected, and not dismissed

  25-03-2009

  The filing of a new claim during appeal proceedings should, in the view of the Court of Appeal in Białystok, result in rejection of an appeal. This signifies a prohibition on evaluating such claim on the basis of merit.

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• Bankruptcy proved to be hasty, yet there will be no compensation for the judgment rendered in this case

  25-03-2009

  CLiF will not receive PLN 160 million for bankruptcy, informs Rzeczpospolita of 14 January 2009. The state may pay compensation for harm caused by a court judgment only if its glaring illegality has been declared in a different verdict.

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• An arbitration clause cannot be freely interpreted to expand the range of entities in conciliation proceedings

  25-03-2009

  The provisions of a contract containing a conciliation court clause must exactly specify the entities in eventual arbitration proceedings. They cannot be interpreted broadly.

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