A guide to the UPC and the UP - Flipbook - Page 186
Intervention
11-73 Third parties may intervene in proceedings by way of three mechanisms: an application to
intervene, an invitation to intervene and forced intervention. 129 It is important to note that
there is no appeal against an order refusing an application to intervene. 130
Application to Intervene
11-74 An application to intervene can be made at any stage in the proceedings before the Court of
First Instance or the Court of Appeal by a person, the intervener, who establishes that they
have “a legal interest in the result of an action submitted to the Court”. 131 If the application is
successful, the intervener is treated as a party unless otherwise ordered by the Court. 132
11-75 The application will only be admissible if it is made in support, in whole or in part, of a claim,
order or remedy sought by one of the parties, and is made before the closure of the written
proceedings unless the Court of First Instance or the Court of Appeal orders otherwise.
It must contain: 133
– A reference to the action number of the file;
– The names of the intervener, its representative and postal and electronic addresses for
service and the names of the person authorised to accept service; 134
– The claim, order or remedy sought; and
– A statement of facts establishing the right to intervene.
11-76 The admissibility of the application to intervene is decided by the judge-rapporteur by way of
an order, but the existing parties to the proceedings will be given an opportunity to be heard
beforehand. 135 Where the application is admissible, the judge-rapporteur or the presiding judge
will inform the parties to the proceedings and specify the period within which the intervener
may lodge a so-called statement in intervention. 136
11-77 The statement in intervention must contain the following: 137
– A statement as to the issues involving the intervener and one or more of the parties and
their connection to matters in dispute;
– Arguments of law; and
– Facts and evidence relied on.
11-78 The Registry will provide the intervener with any written pleadings served by the parties,
although public versions will already be available to the intervener through the case
management system. The RoP contains provisions to protect confidential information disclosed
in the pleadings. Specifically, the Court may make an order for the protection of confidential
129
130
131
132
133
134
135
136
137
rr.313 to 316A RoP.
r.317 RoP.
r.313(1) RoP.
r.315(4) RoP.
rr.313(2) and 313(4) RoP.
r.313(3) RoP. Representation is governed by art.48 UPCA. See chapter 23 (Legal Representation, Privilege and Code of
Conduct) paragraphs 23-01 to 23-13.
r.314 RoP.
r.315(1) RoP.
r.315(4) RoP.
© Bird & Bird LLP | May 2023
A Guide to the UPC and the UP 176
