• What are the formal legal requirements of bringing a claim in a business matter?
  • Bringing an action in a business case, the claimant must pay particular attention to the effects of the so called evidence preclusion, in accordance with which the claimant has a duty to state in the statement of claim all the claimant's assertions and evidence supporting them under the pain of losing the right to rely on them in the proceedings. Calling, during already pending proceedings, new facts and evidence, is allowed only if the claimant shows that calling such facts or evidence in the statement of claim was not possible or that the need to call them arose later. In such a case, further assertions and evidence to support them should be called within a deadline of two weeks from the day it became possible to call them or the need arose. Moreover, particular attention must be paid to the requirement for the claimant to enclose with the statement of claim a copy of the complaint or of a call to satisfy the claim voluntarily, along with a proof of service or proof of dispatching to the respondent via registered mail, and copies of letters attesting to an attempt to clear the contentious issues by negotiation. The consequence of not filing the copy of a call to satisfy the claim voluntarily, or of a complaint, together with proof of service or dispatch to the respondent via registered mail, will be returning the statement of claim to the claimant.