Supreme Court

A few words on setoff

The Supreme Court of Poland has recently issued several rulings on setoff (Civil Code Art. 498), confirming the existing line of case law and the established legal and commercial practice. The regulations on asserting the defence of setoff in civil proceedings have also been amended.

Combining contractual penalties for repudiation and delay?

Many contracts provide for a contractual penalty for reputation of the contract due to the other party’s fault and a contractual penalty for delay in performing the contract. But in such cases can both of these penalties be pursued simultaneously?

Contractual penalty for late payment or non-payment to subcontractors permissible

It is permissible to agree on a contractual penalty for non-payment or late payment of fees due to subcontractors, the Supreme Court of Poland held in its resolution of 30 June 2020 (case no. III CZP 67/19).

Omegatiming is only for Omega. But what about megatiming?

Sometimes after receiving a cease-and-desist letter, or during the course of litigation, an infringer will replace its disputed name with a new, modified name. But often such changes are unsatisfactory for the plaintiff and are also challenged. Are the defendant’s prior actions and the designations previously used by the defendant relevant to evaluation of the new, modified designation? How to assess a situation where the defendant modifies its name while attempting to maintain continuity with the one it previously used?

The creditor’s inappropriate attitude can save the debtor

The Supreme Court has held that in exceptional cases, the creditor’s conduct in enforcement proceedings will constitute an abuse of law justifying denial of the creditor’s right to execute an order. Therefore, the creditor’s inappropriate attitude may make it impossible to enforce a claim awarded by a final court decision.

A contributory role in contributing. When might an error made by a representative lead to a decrease in the amount of damages due?

Properly determining the amount of damages sought for loss of health, where a party pursuing a claim for injury partly caused the loss, can be a problem even for professional representatives of such claimants. This is because this issue raises a number of grave practical concerns, addressed by the Supreme Court in a resolution of 11 April 2019 (III CZP 105/18), and also by other bodies.