Cassation Attorneys in the Polish Civil Proceedings

2019 ◽  
Vol 81 ◽  
pp. 302-319
Author(s):  
Agnieszka Gołąb
Keyword(s):  
Supreme Court ◽  
Present State ◽  
Historical Background ◽  
Special Group ◽  
Civil Proceedings ◽  
The Supreme Court ◽  
The Future ◽  
Polish Law ◽  
Professional Representation ◽  
Exclusive Right

The text presents selected issues concerning parties’ obligatory professional representation in Polish cassation proceedings. It depicts the present regulation against a historical and comparative background. As its shape kept evolving over the years, its premises have been regularly revisited in the course of a doctrinal discussion. In recent times especially one question came to prominence. It touches upon an idea to introduce a special group of legal representatives who would be endowed with an exclusive right to act in the proceedings before the Supreme Court. The text recreates historical background of this institution in the Polish law and juxtaposes it with the present state, taking into account the nature of cassation proceedings, as well as the prospects of introducing such a legal specialisation in the future.

The Origins of the Re Hastings-Bass Rule

2015 ◽  
Author(s):  
Michael Ashdown
Keyword(s):  
Supreme Court ◽  
Present State ◽  
Practical Importance ◽  
Future Application ◽  
Precise Nature ◽  
The Supreme Court ◽  
The Future ◽  
The Law ◽  
The Many ◽  
Court Of Appeal

The present state of the law must now be treated as authoritatively set out by Lord Walker in Pitt v Holt, and to a lesser but still important extent by the earlier judgment of Lloyd LJ in the Court of Appeal in the same case. This chapter, however, is concerned with the earlier development of the Re Hastings-Bass doctrine. Its purpose is to establish the doctrinal legitimacy of the rule in Re Hastings-Bass as an aspect of the English law of trusts. Whilst this is primarily of academic and theoretical concern, in view of the Supreme Court’s reformulation of the law into its present shape, it is also of practical importance. In particular, the future application of the doctrine to novel situations will depend upon understanding the precise nature and scope of the rule propounded by the Supreme Court. That decision cannot simply be divorced from the many decided cases which preceded it, and from its place in the wider compass of the law of trusts.

scholarly journals Extraordinary Complaint in Civil Proceedings under Polish Law

2019 ◽  
Vol 2 (1) ◽  
pp. 31-44
Keyword(s):  
Supreme Court ◽  
Legal System ◽  
A Priori ◽  
Civil Law ◽  
Public Affairs ◽  
Civil Proceedings ◽  
The Supreme Court ◽  
Court Literature ◽  
Polish Law ◽  
Legal Measure

The system of appeal measures in civil proceedings under the Polish law has been subject to profound evolution over the years. The Supreme Court Law of 8 December 2017 has introduced a new legal measure called the extraordinary complaint, which allows rebuttal of final judgments terminating respective proceedings. Extraordinary complaint examination has been entrusted to the newly established Extraordinary Control and Public Affairs Chamber of the Supreme Court. Literature has referred to this extraordinary measure of appeal as a total instrument with considerable material and temporal scope, allowing contestation of final judgements regardless of whether any legal measures had been applied in the course of respective proceedings and the type of measures used. Although parties to civil proceedings have gained another extraordinary measure of appeal, they have no real influence over its application. The expansion of the extraordinary appeal measures catalogue in Polish civil law proceedings has triggered multiple reservations as to the connection between parallel complaints. One should not assume a priori that the new extraordinary measure of appeal shall destabilise the legal system in Poland – albeit certain operational distortions seem realistic.

The UK courts and EU law post-Brexit

2021 ◽  
Vol 20 (3) ◽  
pp. Christopher-Vajda
Author(s):  
Christopher Vajda
Keyword(s):  
Supreme Court ◽  
Transition Period ◽  
Case Law ◽  
Eu Law ◽  
National Courts ◽  
The Supreme Court ◽  
The Future ◽  
The Status ◽  
The Uk ◽  
Court Of Appeal

Following the expiry on 31 December 2020 of the ‘transition period’ under the UK/EU Withdrawal Agreement, the relationship between UK and EU law had changed. Whilst much EU legislation at that date will continue to apply in UK law as ‘retained EU law’ and judgments of the EU courts handed down before that date will remain binding on UK courts as ‘retained EU case law’, the Court of Appeal and Supreme Court can depart from that case law. Whilst EU court judgments handed down after that date are not binding on UK courts, they may be taken into account. This article considers both the status of EU retained case law and when the Supreme Court and Court of Appeal may depart from it, and the future of EU law that is not ‘retained EU case law’ and how judgments of the European Courts and national courts of its Member States may influence UK judges in the future.

scholarly journals The Non-Professional Judge as a Component of Civic Culture in Poland

2020 ◽  
Vol 65 (1) ◽  
pp. 121-132
Author(s):  
Dariusz Kużelewski
Keyword(s):  
Supreme Court ◽  
Justice System ◽  
Civic Culture ◽  
Gradual Reduction ◽  
The Supreme Court ◽  
Polish Law ◽  
Justice Of The Peace ◽  
Selection Of

Abstract The objective of the paper is to present the role of the non-professional judge in Poland as an important manifestation of civic culture based on citizens’ activity in the sphere of justice among other things. The paper also highlights the importance of an appropriate selection of citizens who are to adjudicate and possibly place restrictions on access to judicial functions using the example of Polish law. The last part addresses the problem of the gradual reduction of the participation of lay judges in the Polish justice system and the controversial attempts to halt this trend, such as the introduction of lay judges to the Supreme Court and the start of discussions on the introduction of the justice of the peace to common courts.

scholarly journals Imprisonment during COVID-19 in Brazil: A Brief Review on the Prison Situation during the Pandemic

2021 ◽  
Vol 4 (2) ◽  
Author(s):  
Flávio Mirza Maduro
Keyword(s):  
Supreme Court ◽  
Status Quo ◽  
Historical Background ◽  
Court Ruling ◽  
Supreme Court Ruling ◽  
House Arrest ◽  
The Supreme Court ◽  
Lower Courts

This mini-review aims to reflect upon the conditions of penitentiaries in Brazil during times of the pandemic; it also brings to discussion the recent decision by the Supreme Court of Brazil which allowed for certain detainees to carry out their sentences under house arrest; in addition, it aims to discuss how the judges on lower courts have decided in light of the aforementioned Supreme Court ruling. By outlining the conditions of imprisonment that can be observed in the jailing system, the authors seek to critically reflect upon the role of justice in the society during times of hardship. The authors begin by tracing a historical background in a concise way, in order to elucidate how situations of illnesses and bereavement have developed during the years. After that, the authors compare judicial rulings involving the current prison status quo. To conclude, the authors seek to add to the debate joining the voices who cry out for more assertive measures in the preservation of life and health of detainees and prison workers.

scholarly journals The Contractual Interpretation of Tipping J

2016 ◽  
Vol 47 (2) ◽  
pp. 227
Author(s):  
Matthew Barber
Keyword(s):  
New Zealand ◽  
Supreme Court ◽  
Supreme Court Decision ◽  
The Other ◽  
Court Decision ◽  
The Supreme Court ◽  
Comprehensive Examination ◽  
The Future ◽  
Lower Courts ◽  
The Way

In the Supreme Court decision of Vector Gas Ltd v Bay of Plenty Energy Ltd, Tipping J put forward an approach to contact interpretation that, while indebted to that of Lord Hoffmann, was expressed differently and promoted the use of evidence of prior negotiations. Despite not gaining the support of any of the other sitting judges, this approach was swiftly taken up in the lower courts and, until recently at least, seems to have been accepted as representing New Zealand law. This article attempts a comprehensive examination of Tipping J’s approach. It concludes that, while coherent in principle, the detail of the approach is flawed in a number of ways, especially the way in which evidence of subsequent conduct is assumed to work. The future of Tipping J’s approach is considered.

In Scalia’s Shadow

Never Trump ◽  
2020 ◽  
pp. 197-220
Author(s):  
Robert P. Saldin ◽  
Steven M. Teles
Keyword(s):  
Supreme Court ◽  
Federal District ◽  
Donald Trump ◽  
Checks And Balances ◽  
First Choice ◽  
The Supreme Court ◽  
The Future ◽  
Total Lack ◽  
The Creation ◽  
Trump Administration

This chapter explores the creation of Checks and Balances, a new group of conservative legal critics of the Trump administration. From his racist attack on the federal district judge ruling on the Trump University case and suspicions that he would appoint his own sister to the Supreme Court, to his threats to revise libel law so as to silence his rivals and his nearly total lack of constitutional discussion, Donald Trump was almost no prominent conservative lawyer's first choice. Once he dispatched all his Republican rivals, however, conservative lawyers were in a quandary. The death of Antonin Scalia, the most celebrated conservative jurist of his generation and a leader of the conservative legal movement, put the future of the Supreme Court squarely on the ballot. Once the character of Trump's governance became clear, Checks and Balances emerged to criticize the administration's legal conduct.

Sign in / Sign up

Export Citation Format

Share Document