Legislator Case Law & Legislation
II UK 162/07 AI generated

Supreme Court dismisses appeal due to expert's conflict of interest and need for autopsy witness testimony.

Case Number II UK 162/07
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Dismissed

Legislator summary

AI generated

The Supreme Court dismissed the cassation appeal and remanded the case for retrial. The court found that the expert witness was a consultant to the social insurance agency, legally excluding her from issuing judicial opinions on the matter. Furthermore, the court ruled that a proper resolution required testimony from the pathologist who performed the autopsy, which had been improperly excluded by lower courts. Consequently, the case was sent back to the District Court for a new hearing with these critical evidentiary requirements met.

Legislator headnote

AI generated

art. 48 § 1 pkt 1 k.p.c.; art. 281 k.p.c.; art. 398 § 1 k.p.c.: An expert serving as a consultant to a party is legally disqualified from issuing judicial opinions on the subject matter of their consultation, and a retrial is necessary when the original expert's opinion is excluded and the case requires fresh expert evaluation or witness testimony from the sole person who performed the autopsy.

Keywords

AI generated
expert witness disqualification conflict of interest social insurance agency autopsy witness testimony cassation appeal dismissal remand for retrial causation of death

Cited Legislation

AI generated
art. 48 § 1 pkt 1 k.p.c.
art. 281 k.p.c.
art. 398 § 1 k.p.c.
art. 281 k.p.c
art. 286 k.p.c
art. 241 k.p.c
art. 233 § 1 k.p.c
art. 217 § 1 k.p.c
art. 227 k.p.c
art. 232 k.p.c

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