Legislator Case Law & Legislation
I PKN 665/00 AI generated

Misconception by lawyer regarding right to appeal does not justify restoring procedural deadline under Polish law.

Case Number I PKN 665/00
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Dismissed

Legislator summary

AI generated

The Supreme Court dismissed the appellant's request to restore the deadline for filing a cassation appeal. The appellant's lawyer incorrectly believed he was authorized to file the appeal, leading to a delay of over a year. The court ruled that such a lawyer's error does not constitute an exceptional circumstance warranting deadline restoration.

Legislator headnote

AI generated

art. 168 KPC; art. 169 § 4 KPC: A mistaken belief by a lawyer regarding their right to file an appeal does not qualify as an exceptional circumstance justifying the restoration of a procedural deadline.

Keywords

AI generated
procedural deadline restoration exceptional circumstances lawyer authorization error cassation appeal art. 169 KPC procedural error client liability

Cited Legislation

AI generated
art. 168 KPC
art. 169 § 4 KPC
art. 169 § 1 KPC
art. 385 KPC
art. 397 § 2 KPC
art. 39319 KPC
art. 8 ustawy z dnia 6 lipca 1982 r. o radcach prawnych

Cited Case Law

AI generated

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