Topics: R. 220.3 RoP
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Court of Appeal, February 26, 2026, request for discretionary review, UPC_CoA_34/2026
A penalty order under R. 354.4 RoP is appealable only via the leave-to-appeal mechanism: The appellant argued that the CFI’s reference to R. 354.4 RoP in the impugned order created the impression that leave to appeal had already been granted, analogous to Total v. Texas Instruments (CoA_651/2024). The Court of Appeal rejected this, holding that…
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Court of Appeal, January 6, 2026, Order, UPC_CoA_2/2026
A discretionary review requires hearing the other party and will be dismissed if it disrupts first-instance proceedings without showing the impugned order was “manifestly erroneous” (R. 220.3 RoP): The court will weigh the appellant’s delays against the respondent’s right to respond. The request for discretionary review may be dismissed to maintain procedural efficiency. Courts have…
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Court of Appeal, September 30, 2024, Ordner in relation to R. 220.3 RoP and deadlines in R29(d) RoP, UPC_CoA_543/2024
Deadlines when Confidential Information are included: This decision clarifies that the deadline for a Defendant’s reply (in German “Duplik”) under Rule 29(d) RoP, when confidential information is involved, begins upon filing the initial Plaintiff’s reply, even if redacted. The Court of Appeal, while acknowledging differing practices across Local Divisions, found no misinterpretation of the RoP…
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CoA, August 21, 2024, Order on a request for a discretionary review pursuant to R. 220.3 RoP, UPC_CoA_469/2024
The exclusion of a specific natural person from the confidentiality club in the context of a R. 262.A order requires concrete reasons: The abstract risk that an in-house counsel could breach the confidentiality obligation due to conflicts of interest if the in-house counsel is included in the group of persons entitled to access confidential information…
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CoA, March 21, 2024, order, UPC_CoA_486/2023
An appeal against a decision of the judge rapporteur can be admissible if it is the subject of the appeal whether the judge rapporteur was entitled to issue the decision under appeal.: R 220.3 RoP provides for the admission of an appeal against an order issued by a panel. However, the order under appeal was…
5 min Reading time→
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