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its own motion. The judge-rapporteur is to be informed of any correction or written comments
submitted by the claimant.
12-23 Those deficiencies that are subject to possible correction are listed in r.19(1)(b) and (c) RoP;
namely, objections relating to the lack of competence of the division chosen by the claimant or
relating to the language of the SoC. If the latter deficiency is corrected and the claimant has
designated another, competent division, the judge-rapporteur will refer the action to
that division.
12-24 The judge-rapporteur must give the parties an opportunity to be heard before reaching a
decision on the preliminary objection. 31 The judge-rapporteur will decide the matter as soon
as practicable after the expiry of the 14-day period in which the claimant must respond to
the preliminary objection referred to in r.19(5) RoP. 32 The decision will include instructions
to the parties and to the Registry for the next step in the proceedings. Where the preliminary
objection is to be dealt with in the main proceedings the judge-rapporteur will inform
the parties. 33
12-25 A decision in favour of allowing the preliminary objection can be appealed. 34 A statement of
appeal must be lodged by the appellant within two months of service of the decision, followed
by the statement of grounds for appeal within an additional period of two months after that. 35
12-26 In contrast, an order by the judge-rapporteur rejecting the preliminary objection can only be
appealed pursuant to r.220(2) RoP, 36 which means that it can only be appealed:
– Together with an appeal against the decision on the merits itself; or
– With leave of the Court of First Instance or the Court of Appeal.
12-27 If, under the second of these two routes, leave to appeal is granted by the Court of First
Instance, the appellant will have to file both the statement of appeal and the grounds of appeal
within 15 days of service of the Court’s decision to that effect. 37 In the case of a refusal by the
Court of First Instance to grant leave within 15 days of the order of one of its panels, a request
for a discretionary review to the Court of Appeal may be made within 15 calendar days from the
end of that period. 38
12-28 Although the preliminary objection proceedings are subject to relatively strict deadlines, they
may add a level of complexity to the handling of a case: for example, r.19(6) RoP states that the
period for lodging the SoD provided by r.23 RoP shall not be affected by the lodging of a
preliminary objection unless the judge-rapporteur decides otherwise. The judge-rapporteur
and the Court of Appeal may stay the proceedings at first instance on the reasoned request of
a party. 39 It remains to be seen whether and to what extent such preliminary objections and the
inevitable appeals will slow down the proceedings on the merits.
31
32
33
34
35
36
37
38
39
r.20(1) RoP.
r.20(1) RoP.
r.20(2) RoP.
r.21(1) referring to r.220(1)(a) RoP.
rr.220(1) and 224 RoP. For further information on the procedure and timetable for such appeals, see chapter 21
(Procedure before the Court of Appeal) paragraphs 21-38 to 21-70.
r.21(1) RoP.
rr.220(2) and 224 RoP.
r.220(3) RoP. For further information on the procedure for such appeals see chapter 21 (Procedure before the Court of
Appeal) paragraphs 21-33 to 21-36.
r.21(2) RoP.
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A Guide to the UPC and the UP 206
