A guide to the UPC and the UP - Flipbook - Page 447
21-60 Grounds of appeal which were not included in the statement of grounds of appeal will be
considered as not raised in due time pursuant to r.224(2) RoP. Any such new grounds will be
considered inadmissible and the appellant cannot be given leave to amend the statement of
grounds to include them. 119 An appellant must therefore ensure that all grounds
of appeal are included in the statement of grounds.
Statement of Response
21-61 The requirements for what information must be contained in the statement of response are set
out in r.236(1) RoP and in the checklist below. If the respondent wants to lodge a statement of
cross-appeal, this must be included in the statement of response. 120
Checklist: Contents of the statement of appeal
Names of respondent and their legal representative; 121
Respondent’s postal and electronic addresses for the purpose of service and the names of
authorised persons to accept service; 122
Action number of the appeal file; 123
Response to the grounds of appeal; 124
If applicable, statement of cross-appeal. 125
21-62 The respondent will try to support the decision of the Court of First Instance as far as it is
favourable for it to do so. R.236(2) RoP explicitly allows the respondent to support the decision
on other grounds than those given in the decision. This may even include the respondent
changing its line of argument from that which was presented at the first instance. Although the
rules on introducing new facts and evidence apply to the respondent as much as to the
appellant, r.236(2) RoP means that, on appeal, the respondent is not limited to a repetition
of its legal arguments before the Court of First Instance.
Statement of Cross-appeal
21-63 A party who has not lodged a statement of appeal within the period referred to in r.224(1)
RoP may still bring an appeal by way of cross-appeal if one of the other parties has lodged
a statement of appeal. 126
21-64 The statement of cross-appeal must be lodged within the same time frame as
the statement of response, that is, within three months or 15 days of the statement
of the grounds of appeal 127 depending on whether the appeal is of a final decision or
an order. It is therefore practical and cost-effective to combine the two statements into
one court document. 128 Cross-appeals may be used strategically. In particular, the inclusion
of additional claims may be intended to pressure the appellant to withdraw its own appeal.
In this regard, if the statement of appeal is withdrawn, any statement of cross-appeal is
119
120
121
122
123
124
125
126
127
128
rr.233(2) and (3) RoP.
r.237(2) RoP.
r.236(1)(a) RoP.
r.236(1)(b) RoP.
r.236(1)(c) RoP.
r.236(1)(d) RoP.
r.237(2) RoP.
r.237(1) RoP.
r.237(1) RoP referring to r.235(1) RoP.
r.237(2) RoP.
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A Guide to the UPC and the UP 437
