5th Lawyer Legal+ Newsroom

"Knowledge is power."

Francis Bacon

The articles published here are the result of the author’s daily practice as a lawyer. They are intended to provide you with useful overview information, but cannot replace legal advice in individual cases. No guarantee can be given that the content is correct and up to date.

LATEST ARTICLES

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On the bias of judges in civil proceedings: If judges do not read a party’s pleadings, this can justify a motion for recusal!

Following on from my overview article on the application for recusal pursuant to Section 42 ZPO, I would like to report on an interesting ruling by the Higher Regional Court of Karlsruhe. According to this ruling, a judge’s failure to read the pleadings submitted by a party can give rise to concerns of bias. In the case in question, a judge had overlooked an application for recusal directed against him, as he had forwarded the pleading containing it unread to the opposing party for comment. This violates the so-called duty to wait pursuant to Section 47 (1) ZPO, according to which only “official acts that cannot be postponed” are permitted from the filing of an application for recusal until it has been dealt with.

BGH on the legal consequences of thwarting evidence

In legal disputes, it often happens that one party makes it difficult for the opposing party to provide evidence. In these cases, the question then arises as to whether and, if so, with what legal consequences it can be assumed that evidence has been obstructed.

Guide to procedural law: Easier way to claim damages for exhaust gas manipulation – On the BGH ruling of June 26, 2023 (Ref. Via ZR 335/21)

This article attempts to classify and evaluate the current ruling of the Federal Court of Justice (BGH) of June 26, 2023 (Ref. Via ZR 335/21) on the subject of compensation for damages due to emissions manipulation by car manufacturers.