Evidence gathering in Poland: A Court of Protection Case Study

Many legal disputes involve evidence that is located outside the jurisdiction of the court hearing the case. Where an individual has family, property or other significant connections with Poland, obtaining reliable information from within the country can be essential to making informed legal decisions.

This is particularly true in matters where the court must assess an individual’s personal circumstances. In such cases, assumptions or incomplete information can easily lead to an inaccurate picture.

One matter in which I was instructed illustrates the importance of carrying out enquiries on the ground in Poland.

The Background

I was instructed in proceedings before the Court of Protection involving a Polish national living in England, where the Court had to decide whether a permanent return to Poland would be in his best interests. He consistently expressed a wish to go home, but almost nothing was known about his actual circumstances there — beyond a Polish-speaking volunteer who visited him, no one could offer reliable information about his life in Poland. The Court needed objective evidence on his accommodation, support network and living circumstances before it could decide.

Gathering Evidence in Poland

My role was to investigate the factual position on the ground.

Through enquiries, I traced a woman who had been looking after his property for many years after he had left Poland.

The information she provided significantly expanded the Court’s understanding of the situation. The property had been left unattended for a considerable period, repairs were required, there had been issues relating to utility bills, and practical arrangements had been made simply to preserve the property.

In addition to obtaining a witness statement, enquiries were made regarding the individual’s remaining family connections in Poland. At LSSP we also prepared a report explaining the practical availability of social care and support services that would be relevant if he were to return.

Together, this evidence provided a far more complete picture of the individual’s circumstances than had previously been available.

Why Local Evidence Matters

Cross-border cases often require much more than translating documents or obtaining official records.

Individuals with knowledge of the relevant circumstances may need to be located and interviewed. Local authorities, care providers or other organisations may need to be contacted. Property, family circumstances and available support may need to be verified.

These enquiries frequently require not only language skills but also an understanding of local procedures and the ability to communicate effectively with people and institutions in Poland.

Without this evidence, courts and legal representatives may be required to make decisions based on incomplete information.

 The Outcome

The additional evidence gathered in Poland enabled the Court to test the practical reality of the proposed move.

Having considered all of the evidence, the Court concluded that returning to Poland would not be in the individual’s best interests.

While every case turns on its own facts, this matter demonstrates how obtaining reliable evidence from Poland can materially assist courts and legal professionals when dealing with cross-border issues.

How LSSP Assists UK Law Firms

At LSSP, we assist UK law firms by carrying out evidence gathering and litigation support throughout Poland. This includes tracing witnesses, obtaining witness statements, liaising with local organisations and authorities, verifying factual circumstances, preparing country-specific reports and coordinating with Polish professionals where required. You can find a complete list of our services here. 

Where a case involves evidence located in Poland, obtaining accurate information from the source can be just as important as the legal arguments themselves.

If your case involves evidence based in Poland, get in touch to discuss how we can help.

Agnieszka (“Aggie”) Januszkiewicz
Solicitor (England & Wales) | Certified Polish-English Translator
Founder, LSSP