A guide to the UPC and the UP - Flipbook - Page 187
information such that the pleading or part of it may only be disclosed to certain named persons
subject to appropriate non-disclosure terms following a request from a party. 138
Invitation to Intervene
11-79 The judge-rapporteur or presiding judge may of their own motion after hearing the parties,
or on a reasoned request from a party, invite any person concerned with the outcome of the
dispute to inform the Court within a period to be specified whether they wish to intervene in
the proceedings. 139
11-80 If the relevant person wishes to intervene, an application to intervene must be lodged within
one month of service of the invitation. Such an intervener will be bound by the decision in the
action 140 and must be represented in accordance with art.48 UPCA. 141
11-81 The application following an invitation to intervene must contain the same information as that
in the standard application to intervene. 142
11-82 As with a standard application to intervene, the admissibility is decided by the judgerapporteur, the existing parties having a right to be heard beforehand. 143 Where the application
is admissible, the existing parties are informed and the intervener given a period within which
to lodge a statement in intervention. 144
11-83 Where a third party has been invited by the Court to intervene, but contends that it should not
be bound by a decision in the action, it must lodge a statement to that effect within one month
of service of the invitation. If no statement is lodged in the given period, the third party will be
bound by the decision as between itself and the other party to the action and shall not be
entitled to argue that the decision was wrong or that the inviting party did not properly conduct
the proceedings leading to the decision. 145
Forced Intervention
11-84 A third party may also be forced to intervene on the order of the Court following an application
of a party. 146 In such a case, the party making the application must state that it contends that
the third party should be bound by the decision in the action even though that person refuses
to intervene and must include the reasons for this contention. 147
Lodging and Service of Documents
Lodging of Documents
11-85 The parties are required to lodge written pleadings and other documents at the Registry or
relevant sub-registry in electronic form, making use of the official forms available on the Court’s
online case management system. The receipt of documents is confirmed by the automatic issue
of an electronic receipt indicating the date and local time of receipt. 148 All pleadings (and
138
139
140
141
142
143
144
145
146
147
148
r.315(2) RoP.
r.316(1) RoP.
r.316(2) RoP.
r.313(3) RoP. See chapter 23 (Legal Representation, Privilege and Code of Conduct) paragraphs 23-01 to 23-13 for information
on legal representation.
r.316(2) referring to rr.313(2) and 313(4) RoP. See paragraph 11-75.
rr.316(2) and 314 RoP.
rr.316(2) and 315(1) RoP. See paragraph 11-77.
r.316A(2) RoP.
r.316A RoP.
r.316A(1) RoP.
r.4(1) RoP.
© Bird & Bird LLP | May 2023
A Guide to the UPC and the UP 177
