As Honest Man Would

Home » The art of the process » Art of Litigation » As Honest Man Would

Typical of the UK system is the idea that ‘evidence should be collected and evaluated according to the same rules as an honest and reasonable person outside the court’. The following opinion is considered to be fundamental in British literature: “In general, it is not desirable that the way in which a court is taken to decide on matters relating to facts deviates more than is necessary from the way in which a rational, objective and honest person appointed to decide on matters relating to facts outside the court would act, in a context in which it is important to obtain a correct answer.” This is a quote.
It is becoming increasingly difficult for me to understand the Polish model in which the court of second instance ‘considers as its own the views of the court of first instance’. It was a fashionable cliché. But it has already become a year ago the outright content of the provisions of the PcC. Is there honesty and common sense in the sphere of Polish kpc? Therefore, you can lose the achievements of life, because the system is put on its head and avoids questions. And yet, questions and facts come first. Why is this obvious in the UK and causes a shred of arms in Poland. Where does this passion for formalism and aversion to facts come from? Where is the Polish common sense, which was a lot in the Allerhand era.

Also check
other threads in this category

Staroń & Partners sp. k.
ul. Marszałkowska 111
00-102 Warszawa

phone: +48 601 453 000

Staroń & Partners - radca prawny Piotr Staroń
Przewiń na górę