Topics: R. 196 RoP
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LD Düsseldorf, May 4, 2026, review of an order to preserve evidence, request for the expert’s recusal, UPC_CFI_1696/2025
There is a basis for concern regarding an expert’s bias if – from the perspective of a knowledgeable and reasonable observer – certain circumstances give rise to justified doubts as to the expert’s impartiality or independence i.e., there is a likelihood that the expert’s decision will be influenced by factors other than the aforementioned duties.:…
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CoA, July 15, 2025, review of orders to preserve evidence, UPC_CoA_327/2025, UPC_CoA_002/2025
A request for preserving evidence does not require that this measure is sought without unreasonable delay. : It is necessary to distinguish between the assessment of urgency in the context of an application for preserving evidence (R. 194.2(a) RoP) and the assessment of urgency in the context of an application for provisional measures (R. 209.2(b)…
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Court of Appeal, July 23, 2024, order on appeal, UPC_CoA_177/2024
Application for preservation of evidence or inspection of premises implies a request to disclose the report on the outcome: The legitimate purpose of the procedure for the preservation of evidence or the inspection of premises (Art. 60 UPCA, R. 192 et seq.) includes the use of the evidence to decide whether to initiate proceedings on…
3 min Reading time→
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