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KKO 469/2001 AI generated

Supreme Court dismisses claim for lawyer's fee when no invoice was submitted to the court.

Case Number KKO 469/2001
Court / Authority
Jurisdiction Finland (FI)
Decision Date
Outcome Dismissed
Open official source Machine-readable Markdown (.md)

Legislator summary

AI generated

The Supreme Court dismissed the claim for payment of a lawyer's fee because the lawyer failed to submit an invoice to the court of appeal. The court held that without a submitted invoice, the court cannot verify the amount claimed or the work performed. Consequently, the statutory right to a fee for a free legal aid lawyer was not triggered due to the procedural omission.

Legislator headnote

AI generated

Laki maksuttoman oikeudenkäynnin avustajien palkkiosta (1000/1998); Laki oikeudenkäyntikulujen maksamisesta (1000/1998): A lawyer entitled to a fee for a free legal aid client must submit an invoice to the court; failure to do so precludes the court from awarding the fee.

Keywords

AI generated
free legal aid lawyer court fee claim missing invoice requirement procedural omission Supreme Court of Finland

Cited Legislation

AI generated
Law on the fees of lawyers assisting in free legal proceedings (1000/1998)
Law on the payment of court costs (1000/1998)
AI generated
kko-precedent_1992_36
Supreme Court allows lawyer fee for assisting defendant in lower court appeal but denies appeal filing fee.
kko-other_1997_3402
Supreme Court dismisses appeal against lower court's arbitrary award of 1,000 marks to legal aid agent.
kko-other_1997_733
Supreme Court allows legal aid lawyer's fees and expenses for a party who received free legal proceedings.
kko-precedent_1997_12
Supreme Court increases lawyer fee from 1,100 to 3,952 marks based on standard task volumes and Ministry guidelines.
appeal_1980_eastern-finland__1976
Court orders state payment of fees and costs to a former public defender who drafted the appeal letter.

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Full text

Kysymys maksuttoman oikeudenkäynnin saaneen avustajalle hovioikeudessa maksettavasta palkkiosta, kun avustaja ei ollut esittänyt laskua palkkiovaatimuksestaan.