Client success! Security granted in a case concerning infringement of personal rights!

What was the subject matter of the request to secure the claim?

The Law Firm’s Clients requested that the infringement of their personal rights be discontinued and that the Respondent be obliged to publish a statement of the content specified by them in connection with the dissemination by the Respondent of letters with untrue and misleading information concerning the Clients’ alleged mismanagement of public funds and arbitrary determination of fees and taxes.

These letters were circulated among the local community practically on the eve of local government elections.

The Firm’s clients estimate that around 2,000 residents probably received the letters in question.

Court’s decision.

The Regional Court in Białystok refrained from drafting a justification in its decision to grant security, sharing the arguments cited by the Law Firm’s Clients in the body of the statement of claim and the application for security in its entirety.

Interestingly, after the Respondent received the security order, it voluntarily executed the security measure by publishing a statement of the content ordered by the Court on the website of a local daily newspaper.

The ruling issued by the Regional Court in Białystok stipulates that it is possible to request publication of a statement with the content specified by the entitled parties already at the stage of security proceedings.

This is yet another argument confirming that such a method of securing often constitutes the only legal protection for the entitled party for the duration of the trial in cases in which judgements are made, which may be enforceable, but in which the sense of legal protection is to stop or prevent unlawful actions as soon as possible, e.g. in cases for discontinuance of certain actions to the detriment of entitled parties.

The order granting security is final.

Currently, the parties to the proceedings are waiting for the hearing date to be set for the substantive examination of the main proceedings.

The Office’s clients in the case are represented by:

• dr Krzysztof Brysiewicz,
• Magdalena Sienkiewicz
• apl. advocate Mariola Połeć.