Leszek Zatyka: articles by this author

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.

Public authorities’ liability for damages

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

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

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

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.