A guide to the UPC and the UP - Flipbook - Page 175
11-16 Case management has a close connection to the principle of flexibility. All procedures are to
be organised in a flexible and balanced manner. 28 The preamble to the RoP states that flexibility
shall be ensured by applying all procedural rules in a flexible and balanced manner with the
required level of discretion for the judges to organise the proceedings in the most efficient and
cost effective manner. 29
Overview of Procedure
11-17 Most inter partes proceedings before the Court consist of five stages. 30 These stages are shown
in figure 11-1 and are as follows:
– a written procedure; 31
– an interim procedure; 32
– an oral procedure which includes an oral hearing (unless the parties have agreed and
the Court has dispensed with the oral hearing); 33
– a procedure for the award of damages; 34 and
– a procedure for cost decision. 35
Organisation of the RoP
11-18 The RoP have been drafted to be as simple to navigate as possible. There are six parts
as follows:
– Part 1 – Procedures before the Court of First Instance. This is further broken down into six
chapters. Chapters 1 to 5 set out the procedure for the five stages referred to in paragraph
11-17 and shown in figure 11-1 and chapter 6 describes the procedure for security for costs.
Chapter 1, which describes the written procedure, is itself broken down into six sections
each of which deals with a different type of action.
– Part 2 – Evidence. There are five chapters to part 2. Chapters 1 and 2 set out the procedure
for witnesses and experts, including Court experts. Chapters 3, 4 and 5 set out the
procedures for applying for orders to produce evidence and communicate information,
to preserve evidence and for inspection and for freezing assets and for experiments.
– Part 3 – Procedure for provisional measures.
– Part 4 – Procedures before the Court of Appeal. This is broken down into five chapters, the
first four dealing with the written, interim and oral procedures and decisions. Chapter 5 sets
out the procedure for an application for a rehearing.
– Part 5 – General provisions. There are 13 chapters in part 5. They deal with all the necessary
procedural rules which do not sit within the other parts of the RoP and include service and
time periods, case management and the rights and obligations of representatives. Many of
these procedures are described in this chapter.
– Part 6 – Fees and legal aid.
28
29
30
31
32
33
34
35
art.52 UPCA.
para.4 preamble to the RoP. This if further elaborated on in r.332 RoP which sets out the general principles of active case
management. See chapter 13 (Interim Procedure).
r.10 RoP.
See chapter 12.
See chapter 13.
See chapter 14.
See chapter 15.
See chapter 20.
© Bird & Bird LLP | May 2023
A Guide to the UPC and the UP 165
