A guide to the UPC and the UP - Flipbook - Page 202
11-148 A decision by default is in principle enforceable immediately, but the Court may grant a stay of
the enforcement until it has considered and given its decision on any application to set aside a
decision by default or make enforcement subject to the provision of security (the security being
released if there is no application against the decision by default or if such application fails). 268
11-149 Any application to set aside a decision by default must be lodged within one month of the
service of the decision. 269 The application must contain the party’s explanation for the default. It
must also mention the date and number of the decision by default and must be accompanied
by the prescribed fee. 270 Where the decision by default relates to a party failing to take a step
within the time limit foreseen by the RoP or by the Court, the application must be accompanied
by the step the party failed to take. 271
11-150 The application will be allowed if these criteria are met unless a party has been put on notice in
an earlier decision that a further decision by default is final. If the application is allowed, a note
of allowance must be included in any publication of the decision by default. 272
Court of Appeal
11-151 The procedure set out above also applies mutatis mutandis in the Court of Appeal. In particular,
where a respondent on whom a statement of appeal and a statement of grounds of appeal
have been duly served fails to lodge a statement of response or where a party fails to file a
reply to a statement of cross-appeal or translations ordered by the judge-rapporteur, the Court
of Appeal can make a decision by default. 273 When considering whether to give a decision by
default, the Court of Appeal may consider the merits of the appeal. 274
Re-establishment of Rights
11-152 If a party has failed to observe a time limit set out in the RoP or by the Court where the cause
was outside the control of that party despite taking all due care and the non-observance has
had the direct consequence of causing that party to lose a right or means of redress, the
relevant panel of the Court may re-establish the right or means of redress following a request
from that party. 275
11-153 The application for re-establishment of rights must be lodged (subject to the payment of a fee)
with the Registry within one month of the removal of the cause for non-observance of the
time limit and within six months of the non-observed time limit in any event. 276
The application must: 277
– State the grounds on which it is based and set out the facts on which the relevant party
relies; and
– Contain the evidence relied on in the form of affidavits from all people involved in the nonobservance of the time limit and the people involved in establishing the precautionary
measures of due care taken in order to avoid such cases of non-compliance.
268
269
270
271
272
273
274
275
276
277
r.355(4) RoP.
r.356(1) RoP.
rr.356(2) and 370 RoP. The fee prescribed under the Table of Court Fees of 8 July 2023 is €1,000.
r.356(2) RoP.
r.356(3) RoP.
r.357(1) RoP. Similarly, where an applicant fails to comply with the formalities examined by the Registry following the lodging
of the statement of appeal (rr.229(3) and (4) RoP).
r.357(2) RoP.
r.320(1) RoP.
r.320(2) RoP.
r.320(3) RoP.
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A Guide to the UPC and the UP 192
