A guide to the UPC and the UP - Flipbook - Page 180
setting fees and the ceiling for recoverable costs. 75 The judge-rapporteur is also responsible,
during the interim procedure, for exploring the possibility of a settlement with the parties. 76
11-38 As a general rule, the interim procedure should be completed within three months. 77
Oral Procedure
11-39 The interim procedure is closed when the judge-rapporteur considers the preparation of the
case to be adequate. The oral procedure starts immediately afterwards. 78 The judge-rapporteur
hands over responsibility for case management to the presiding judge, who must ensure that
the action is ready for a decision on the merits at the end of the oral procedure. 79
11-40 The oral hearing is held before the panel and it is at this stage that the parties have an
opportunity to explain their arguments through oral submissions. 80 However, it is possible, with
the agreement of the parties, for the Court to dispense with the oral hearing. 81
11-41 As proceedings are front-loaded with great weight placed on the written procedure, the
substantive oral hearing is relatively short and should generally be completed within one day. 82
If ordered during the interim procedure, witnesses and experts may be heard at the oral
hearing and questioned by the panel and the parties. 83
11-42 The Court should give a written and reasoned decision on merits within six weeks after
the oral hearing. 84
Subsequent Procedures
11-43 The determination of the amount of damages 85 and/or an award of costs 86 may be the subject
of separate proceedings following the decision on the merits, if they have not been determined
as part of the substantive proceedings.
11-44 Final first instance decisions may be appealed to the Court of Appeal as a matter of course. 87
The stages in the appeal proceedings are the same as in the first instance but the time periods
for written pleadings differ.
75
76
77
78
79
80
81
82
83
84
85
86
87
r.104 RoP.
art.52(2) UPCA.
r.101(1) RoP.
r.110 RoP.
r.111(b) RoP.
art.52(3) UPCA.
art.52(3) UPCA.
r.113 RoP.
r.112 RoP.
r.118(6) RoP.
rr.125 to 140 RoP. See chapter 15 (Remedies) for further information on the procedure for claiming damages
and compensation.
rr.150 to 157 RoP. See chapter 20 (Court Fees and Recoverable Costs) paragraphs 20-91 to 20-110 for further information
on the procedure for claiming costs.
r.220(1) RoP. See chapter 22 (Procedure before the Court of Appeal).
© Bird & Bird LLP | May 2023
A Guide to the UPC and the UP 170
