On 26.04.1999, a new set of Civil Procedure Rules (“CPR”) entered into force in England. The CPR was the result of the work of a special civil procedure committee led by Lord Woolf. Woolf’s main recommendation was that the dispute settlement system must have a clear overarching objective, which will also be clearly redacted in the legislation. In line with this recommendation, the first point of the CPR takes into account the so-called Overriding Objective, which states: ‘THE OVERARCHING OBJECTIVE OF THE PROCEEDINGS REQUIRES THAT ALL CASES BE RESOLVED FAIRLY’. Measures to achieve this shall be deemed to be:
(a) ensuring equal position between the two parties to the dispute;
(b) reducing process costs;
(c) the resolution of disputes involving time and measures proportionate to:
(d) the value of the dispute in question;
(e) the seriousness of the case;
(f) the complexity of the case;
(g) the financial situation of the parties to the proceedings.
(h) ensuring that a settlement is reached as quickly and as quickly as possible;
(i) the allocation of an adequate range of court resources to the case, taking into account the measures necessary to process the remaining cases.
Does the Polish civil procedure require a similar assessment: to what extent does it pursue at all the objective it is intended to pursue?
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Great Honor