A guide to the UPC and the UP - Flipbook - Page 318
Figure 16-1: Procedure for Ex Parte Application for Provision of Protective
Measures Where No Proceedings have been Commenced
Application lodged (r.206)
Registry allocates to
relevant division
Yes
Extremely urgent?
Standing judge may decide
immediately (r.209(3))
No
Registry allocates judges
Yes
Protective letter on register?
Court must consider
summoning parties to
oral hearing (r.209(2)(d))
No
Court will not decide without
hearing defendant?
Yes
Yes
Applicant withdraws?
Applicant may request
application remains
confidential (r.209(4))
No
Court informs defendant and
invites objections (r.209(1)(a))
No
Possible oral hearing without
defendant (r.209(1)(c))
Possible oral hearing with both
parties (rr.205(b), 209(1)(b))
Provisional/protective
measures granted?
Provisional/protective
measures granted ?
No
Yes
Yes
Provisional/protective measures
executed, and defendant notified
(at latest on execution) (r.212(2))
Defendant requests
review within 30 days?
(rr.2 12(3), 197(3))
Yes
Oral hearing (r.197(4))
Appeal
Provisional/protective
measures executed
Applicant starts proceedings on
the merits within 31 calendar/
20 working days? (r.213(1))
Yes
Proceeding on merits
No
Provisional/protective
measures revoked (r.213(1))
Applicant may
be ordered to
compensate
defendant (r.213(2))
Appeal
© Bird & Bird LLP | May 2023
A Guide to the UPC and the UP 308
