Monitor Prawniczy

no. 22/2015

Complaints of a joined party as to the improper conduct of the proceedings by a party contrary to what has been mutually agreed

Ireneusz Wolwiak
Adiunkt w Katedrze Postępowania Cywilnego Wydziału Prawa i Administracji Uniwersytetu Śląskiego w Katowicach, sędzia Sądu Rejonowego Katowice-Wschód w Katowicach.
Abstract

A party to the pending proceedings - with a view to a potential claim being made against the other party to a legal relationship or a potential claim to be made against it in case of an unfavourable verdict - has the right to summon that party to participate in the proceedings as an outside intervener. However, that party may restrict its intervention to giving the summoning party directions as to the conduct of the proceedings. However, that information will not allow to file a complaint that the proceedings are conducted improperly if the party does not follow it. An exception is the case of summoning a third party when the use of appropriate defences would be already impossible.