Ensuring consistent judicial practice and limiting the late submission of evidence were the main agenda items at a meeting between Normunds Salenieks, Chair of the Senate's Department of Civil Cases, and the chairs of the collegiums of civil cases of all Latvian regional courts, held on 12 June.

Building on the successful experience gained with so-called pilot cases, the participants agreed that this organisational tool should be used more widely to improve the efficiency of case management. In a pilot case, one of several similar civil cases is selected for expedited adjudication at all levels of the court system, and solutions are found to the issues of law that are significant for the adjudication of the cases in question, thereby promoting consistent application of the law and enabling similar cases to be resolved more quickly. Representatives of the regional courts also noted that this mechanism facilitates settlements, saving the parties time and costs while also having a positive impact on the national economy.

The chairs of the collegiums of civil cases of the regional courts likewise acknowledged that, to ensure the consistent development of judicial practice in cases for which the regional court is the court of final instance under the Civil Procedure Law, it would be important to allow an appeal to the Senate where a case raises a significant point of law. To minimise the risk of unfounded appeals, particularly where an appeal is used solely to delay the proceedings, consideration could be given to the solution proposed by the Chair of the Senate’s Department of Civil Cases, under which an appeal would be permitted only where the court grants leave to appeal.

When discussing the issue of deliberate delays in the examination of cases, the participants agreed that one of the key contributing factors is the late submission of evidence, including where evidence relevant to the adjudication of the case is submitted for the first time before the regional court. Under the Civil Procedure Law, such evidence may be submitted for the first time before the regional court only where it was objectively impossible to submit it before the court of first instance or where there are other justifiable reasons.

Normunds Salenieks, Chair of the Senate’s Department of Civil Cases, concluded the discussion by emphasising the importance of such working meetings: “They are essential to ensuring that the judicial system can respond effectively to current trends in litigation and operate as a unified and efficient mechanism. It is equally important to ensure legal certainty in practice, so that everyone who comes into contact with the judicial system can rely on the law being applied consistently and have confidence that delays in the examination of disputes and other unfair litigation tactics will not be tolerated.” 

 

Information prepared by

Rasma Zvejniece, Head of the Division of Communication of the Supreme Court

E-mail: rasma.zvejniece@at.gov.lv, telephone: +371 67020396, +371 28652211