A guide to the UPC and the UP - Flipbook - Page 483
General Conduct
23-38 A representative must comply with the following rules on general conduct:
– Relationship with the Court 58 – In all dealings with the Court, a judge of the Court or any
member of the staff of the Registry, a representative must act respectfully, courteously
and competently and shall do everything possible to uphold the good reputation of their
respective professional association. The requirement to act competently is based on
sufficient education on the law and the RoP and, whilst the authors note that it is not
intended to impose any formal requirement for continuing legal education, they believe
that it is important for enabling the Court to reach the objective of ensuring decisions of
the highest quality 59 that representatives inform themselves sufficiently.
– Fair conduct of proceedings 60 – The Code of Conduct provides that a representative must
always have due regard for the fair conduct of proceedings; acting in good faith and not
abusing the Court process. All representatives are expected to be reasonably
accommodating and flexible regarding scheduling and routing matters.
– Demeanour in Court 61 – Representatives must act towards the Court as independent
counsellors by serving the interests of their clients in an unbiased matter without regard
to their personal feelings or interests. Representatives must act courteously towards other
representatives and persons accompanying them, parties, witnesses and experts and must
take appropriate steps to ensure the appropriate demeanour in Court of anyone
accompanying them. This includes persons physically attending Court or otherwise,
for example, attending hearings by telephone or video link and extends to all hearings
and communications with the Court.
23-39 Especially important is r.2(3) Code of Conduct on contact with judges, which provides that, save
to the extent necessary for ex parte procedures, no representative shall contact a judge about
a specific case without the participation or prior consent of the representative of every other
party to those proceedings. This rule resolves a difference between national codes of conduct
since, for instance, in Germany unilateral contacts with judges are allowed, whereas in other
countries they are not.
23-40 R.8(3) RoP adds that, except where the RoP provide otherwise, a party shall not communicate
with the Court without informing the other party. Where such a communication is in writing,
the communication should be copied to the other party unless the RoP provide that the Court
will supply a copy to the other party, for example, in relation to pleadings.
58
59
60
61
r.2(1) Code of Conduct.
para.6 Preamble RoP.
r.2(2) Code of Conduct.
r.2(4) Code of Conduct.
© Bird & Bird LLP | May 2023
A Guide to the UPC and the UP 473
