Insufficient resourcefulness and skills for independent preparation of allegations to an expert opinion as a cause of the nullity of proceedings. A critical commentary on the Supreme Court’s decision (III USK 321/21)

Abstract

This commentary presents an argument refuting the position of the Supreme Court regarding the rejection of the appellant's cassation complaint at the pre-trial stage. The author disagrees with the Supreme Court's reasoning that there were no circumstances justifying the admission of the cassation complaint for consideration, due to the absence of a significant legal issue in the case. Additionally, it is contended that there was no procedural nullity resulting from the failure to appoint professional legal representation for the party under Article 117 § 5 s. 1 of the Code of Civil Procedure. In the author's view, the lack of skills to independently formulate objections to the expert opinion, coupled with the necessity for the party to avail itself of pro bono legal assistance during the pre-trial stage, substantiates the argument for the need to appoint legal representation for the party. Furthermore, these factors constitute the basis for the existence of a significant legal issue as stipulated in Article 3989 § 1 point 1 of the Code of Civil Procedure.