Legislator Case Law & Legislation
I PKN 76/99 AI generated

Negligence by legal representatives or clerical staff precludes a party from claiming lack of fault for missing deadlines.

Case Number I PKN 76/99
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Dismissed

Legislator summary

AI generated

The Supreme Court dismissed the appellant's cassation request regarding a missed appeal deadline caused by clerical negligence. The lower courts found that the delay resulted from improper registration of documents by the union's secretariat staff, not the appellant's personal fault. The court ruled that negligence by representatives or office personnel cannot be excused, thereby upholding the denial of the extension request.

Legislator headnote

AI generated

Art. 168 § 1 KPC; Negligence by legal representatives, counsel, or clerical staff of a party precludes the party from claiming lack of fault for missing procedural deadlines.

Keywords

AI generated
procedural negligence missed appeal deadline legal representative fault clerical staff liability extension of time limit cassation dismissal procedural default

Cited Legislation

AI generated
Art. 168 § 1 KPC
Art. 77 Konstytucji
Art. 393 § 12 KPC
art. 77 Konstytucji

Cited Case Law

AI generated
2 CZ 130/58
C II 533/37
IV CO 58/55
4 CZ 33/60
1 CZ 67/62
II CZ 149/74

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