A guide to the UPC and the UP - Flipbook - Page 439
Figure 21-1: Appeal of a Procedural Order from the Court of First Instance
Orders referred to in r.220(1)(c) i.e.
arts 49(5), 59, 60, 61, 62 or 67 UPCA
Yes
No
Appeal made together with appeal
of final decision (r.220(2))
No
Has CFI granted leave
to appeal within 15 days of
its order (r.220(2))?
Yes
No
Request discretionary review of
Court of Appeal within 15 days with
reasons (rr.220(3), 221(2))
Standing judge does not have
to give reason for decision to
deny request (r.220(4))
No
Standing judge grants leave?
Yes
Standing judge, after hearing
other party, shall order further
steps/time limits (r.220(4))
Possible course
that procedure
might follow
Court of Appeal may give
reasoned decision (r.235(3))
No
Appellant lodges statements
of appeal and grounds within
15 days (rr.224(1)(b), (2)(b))
Applicant may be
ordered to compensate
defendant (r.213(2))
Respondent lodges response
within 15 days (r.235(2))?
Yes
No
Respondent lodges cross-appeal
with response (r.237(1))?
Yes
Within 15 days appellant lodges
reply to cross appeal (r.238(2))
Interim procedure (r.239)
Parties given shorter notice than
normal for oral hearing (r.239(2))
Decision
Reject appeal (r.242(1))
© Bird & Bird LLP | May 2023
Set order aside in whole
or in part and substitute
its own decision (r.242(1))
Revoke order and, in exceptional
circumstances, refer matter back
to CFI (r.242(2)(a))
A Guide to the UPC and the UP 429
