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I UZ 12/09 AI generated

Supreme Court dismisses appeal for lawyer's negligence in missing appeal deadline despite court delay.

Case Number I UZ 12/09
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Dismissed
Open official source Machine-readable Markdown (.md)

Legislator summary

AI generated

The Supreme Court dismissed the appellant's appeal against a social insurance office, upholding the lower court's rejection of the appeal as time-barred. The appellant's lawyer argued that the court's failure to promptly reject a late request for judgment reasoning created an opportunity to file the appeal within the extended 21-day period. The court ruled that the lawyer's failure to verify the deadline constituted professional negligence, and the court had no obligation to expedite proceedings to compensate for the lawyer's error.

Legislator headnote

AI generated

Art. 369 § 1, 2 k.p.c.; Art. 168 § 1 k.p.c.: A party's failure to file an appeal within the extended period due to the lawyer's unreasoned belief in the timeliness of a procedural request constitutes professional negligence, precluding relief.

Keywords

AI generated
professional negligence appeal deadline extended filing period court delay legal representation duty

Cited Legislation

AI generated
Art. 369 § 1 k.p.c.
Art. 369 § 2 k.p.c.
Art. 168 § 1 k.p.c.
Art. 357 § 3 k.p.c.
Art. 394 § 3 k.p.c.
Art. 398 § 14 k.p.c.
art. 369 § 2 k.p.c
art. 168 § 1 k.p.c
art. 328 § 2 k.p.c
art. 369 § 1 k.p.c

Cited Case Law

AI generated
III CZP 56/06
Supreme Court holds Art 386 § 5 CPC does not apply to appeals, allowing same judge to retry appeal proceedings.
II PK 349/04
Wyrok z dnia 7 lipca 2005 r.

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