On April 16, 2025, the Court of Appeal in Rzeszów fully upheld the appeal filed by the Client of the Law Firm against the incorrect judgment of the District Court in Rzeszów regarding the violation of personal rights (in the first instance, the Client was represented by another law firm).
The Client of the Law Firm was sued for allegedly violating the personal rights of another person. The issue concerned a statement made by the Client during legal proceedings, while giving testimony in response to questions from the court and representatives. The defendant in that case felt insulted by the expressions used by the Client when providing the court with her opinions about the tendencies and behavior of this person.
In the first-instance judgment, unfortunately, and completely unjustifiably, it was found that the personal rights of the plaintiff (the person bringing the case) had been violated. This conclusion was reached because the court held that, to be absolved from the charge of violating personal rights, the Client of the Law Firm should have proven the truthfulness of her statements (notably, the court failed to recognize the crucial difference between statements and opinions).
The Law Firm represented the Client only in the appeal proceedings, where a number of legal and factual arguments were raised that had been overlooked or misjudged in the first-instance proceedings.
The Court of Appeal fully accepted the Law Firm’s reasoning, according to which statements made within the framework of legal proceedings, motivated by justified concerns, cautious, and not intended to insult anyone, cannot be considered a violation of personal rights. The Client of the Law Firm obtained a favorable ruling and reimbursement of the costs of the appeal proceedings at the maximum amount allowed by law.
Case number: I C 683/20; I ACa 910/23
