Supreme Court allows late evidence in social security case due to justified delay from case progression.
Legislator summary
AI generatedThe Supreme Court quashed the appellate court's decision to dismiss the applicant's appeal against a social security disability pension denial. The applicant argued that the lower courts improperly ignored late medical evidence regarding her neurotic symptoms, which she could not present earlier due to her cognitive limitations and lack of legal representation. The court held that the appellate court must consider the reasons for the delay and cannot dismiss evidence if the delay was justified by the case's progression, thereby remanding the case for a new ruling on the evidence.
Legislator headnote
AI generatedArt. 381 KPC; Art. 382 KPC: The second-instance court may not omit new facts and evidence if the delay in their submission was justified by the course of the proceedings, provided the party did not act to prolong the process.