The Appellate Court in Krakow has dismissed the appeal of the defendant in the case concerning the claimant, a client of the Firm, who petitioned for a full refund of monies paid by her to the defendant, a building contractor, following rescission of the contract by the claimant. The Firm has also acted for the claimant in the first instance, in which the District Court has ruled entirely in her favour. Both courts were asked to opine on certain crucial matters of law, such as the nature of the contract entered into between the parties as well as which regulations ought to apply for determining the length of the limitation period for building contracts which have been rescinded. Furthermore, the courts have been determining whether serving a notice of rescission by emailing the same to the defendant’s email address which both parties have used in regular correspondence was valid despite the claimant not having received an acknowledgement of the same from the claimant. The District Court ruled – which ruling was agreed with and acknowledged by the Appellate Court – that in this case, as the Firm’s client had not received any indication that the notice of rescission emailed by her has not successfully reached the email server of the defendant, such notice had been validly and lawfully served by her at the moment of sending. The Firm is very pleased to have achieved this positive result for its client, especially given that the judgement provides an important precedent and brings clarity to the current rules regarding lawful service of notice.
File number: I ACa 1059/20