UPC CoA, 21 August 2024: Inadmissible appeal against case management order without leave to appeal
25-08-2024 Print this pageIPPT20240821, UPC CoA, Microsoft v Suinno
Inadmissible request for discretionary review by the Court of Appeal of an order rejecting – without leave to appeal – the ‘R.361 RoP request’ to declare the revocation action manifestly inadmissible (Rule 361 RoP).
Leave to appeal as provided for in Rule 220.2 RoP required because the provision of Rule 363(2) RoP that a “decision […] pursuant to Rules […] 361 […] is a final decision within the meaning of Rule 220.1(a)” (for which leave to appeal is not required) only concerns orders granting a ´R.361 RoP request´.
An order denying a R.361 RoP request is a case management order as meant in R.333.1 RoP that cannot be directly appealed but can only be reviewed by the panel.
