Appeal deadline restored when lawyer's error caused by employee illness and impossible verification. Appeal deadline restored due to lawyer's error caused by employee illness and impossible verification.
Poland (PL)
Legislator summary
AI generatedThe Supreme Court restored the appeal deadline for the defendant, overturning the lower courts' dismissal of the appeal as late. The defendant's lawyer instructed an employee to mail the appeal, but the employee, who was handling extra duties while the lawyer was on sick leave, mistakenly sent it to the wrong court. The Supreme Court held that the lawyer could not be held liable for this error because verifying the mailing was physically impossible while the lawyer was hospitalized and the employee was incapacitated.
Legislator headnote
AI generatedArt. 361 KPC; Art. 369 § 1 KPC; Art. 370 KPC; Art. 393 § 15 KPC: A party's representative is not liable for a missed deadline if the error stems from an employee's illness and the representative could not reasonably verify the execution of the instruction.