II UKN 678/99 AI generated

Late appeal by legal counsel due to postal office hours dismissed as counsel's fault under Polish law.

Case Number II UKN 678/99

Court / Authority Sąd Najwyższy

Jurisdiction

Poland (PL)

Decision Date 1999-12-15

Outcome Dismissed

Open official source Machine-readable Markdown (.md)

Legislator summary

AI generated

The Supreme Court dismissed the cassation appeal filed by Beata Ż. against a decision denying her a one-time accident compensation. The lower courts rejected the insured's late appeal because her lawyer submitted it after the statutory deadline, despite the lawyer's duty to ensure timely filing. The Supreme Court ruled that the lawyer, as a professional representative, must be aware of procedural deadlines and cannot rely on postal office hours to excuse the delay.

Legislator headnote

AI generated

Art. 91 KPC; Art. 95 § 2 KC; Art. 393 § 1 KPC; Art. 393 § 2 KPC; Art. 165 § 2 KPC: A legal representative's failure to file an appeal within the statutory period constitutes a personal fault that precludes the client from challenging the lower court's decision on procedural grounds.

Keywords

AI generated

legal representative duty statutory appeal deadline cassation appeal dismissal postal office hours procedural fault liability

Cited Legislation

AI generated

Art. 91 KPC

Art. 95 § 2 KC

Art. 392 § 1 KPC

Art. 393 § 1 KPC

Art. 393 § 2 KPC

Art. 165 § 2 KPC

Art. 4779 § 1 KPC

Art. 4779 § 3 KPC

Late appeal by legal counsel due to postal office hours dismissed as counsel's fault under Polish law.

Legislator summary

Legislator headnote

Keywords

Cited Legislation

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