A guide to the UPC and the UP - Flipbook - Page 255
Introduction
13-01 The interim procedure is the second of the three stages of proceedings set out by the UPCA.
The purpose of the interim procedure is primarily case management in preparation for the
oral procedure which follows and should be completed within three months.
Role of Judge-rapporteur (Case Management)
13-02 The presiding judge of the panel to which the action has been assigned will designate one
legally qualified judge of the panel (which may be the presiding judge) as judge-rapporteur. 1
The figure of judge-rapporteur may be known in some jurisdictions, such as France, but the
role set out in the RoP is very specific to the Court. The judge-rapporteur is responsible
for case management during the written and interim procedures which includes exercising
the case management powers provided for in r.334 RoP. 2 During the interim procedure the
judge-rapporteur will hold any necessary interim conferences with the parties and generally
ensure that all necessary preparations for the oral hearing are made. 3 The judge-rapporteur
has an obligation to ensure a “fair, orderly and efficient interim procedure” 4 and that the
interim procedure is completed within three months of the closure of the written procedure,
although this is subject to the principle of proportionality. 5 The judge-rapporteur is also
responsible for exploring the possibility of a settlement with the parties. 6
13-03 R.334 RoP provides that the judge-rapporteur may make orders extending or shortening the
period for compliance with any rule or order, change the date of the oral hearing and
communicate with the parties regarding requirements set by the Court. In relation to specific
issues in the case, the judge-rapporteur may also direct the order in which issues are to be
decided, direct a separate hearing of any issue, for example a separate witness hearing, and
direct issues or matters to be heard together or consolidated. Although r.334 RoP mentions,
amongst the general case management powers, the ability to decide preliminary issues and
dismiss or decide any issues which become irrelevant as a result of such decisions, to exclude
any issue and/or to dismiss a claim summarily if it has no prospect of succeeding, only the
panel can dismiss a manifestly inadmissible claim or a claim that is bound to fail, 7 but it may do
so on the recommendation of the judge-rapporteur. All these case management powers may
be exercised either following an application by a party or of the judge-rapporteur’s own motion
(but only after hearing the parties). 8 Except for those powers reserved exclusively to the panel
or president, the judge-rapporteur has the power to perform any act of the Court. 9
13-04 The judge-rapporteur must exercise these powers bearing in mind the general principle
that cases are to be managed actively in accordance with the RoP and “without impairing
the freedom of the parties to determine the subject-matter of, and the supporting evidence
for, their case”. 10 These general principles of “active case management” are set out in
rr.332(a) to (l) RoP:
– Encouraging the parties to co-operate with each other during the proceedings;
– Identifying the issues at an early stage;
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3
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5
6
7
8
9
10
r.18 RoP.
Except where the UPCA Statue, the UPCA or the RoP provide otherwise.
rr.101(1) and 331(1) RoP.
r.101(2) RoP.
r.101(3) RoP.
art.52(2) UPCA and r.11(1) RoP.
rr.360 to 363 RoP.
rr.336 and 337 RoP.
r.1(2)(a) RoP.
art.43 UPCA.
© Bird & Bird LLP | May 2023
A Guide to the UPC and the UP 245
