UPC CoA, 14 January 2025: Judge-rapporteur can order security for costs but no leave to appeal
04-02-2025 Print this page
Justified to allow discretionary review in appeal of orders of the judge-rapporteur (absent panel review) (R. 220.3 RoP, R. 333 RoP).
The question whether the judge-rapporteur could decide alone on security for costs of a party and deny leave to appeal is an access to justice issue which the Court of Appeal can raise of its own motion.
Possible for judge-rapporteur or the presiding judge to order security for costs. R. 158 RoP does not exclusively reserve orders on security for costs for a panel of the Court.
This flexibility allows the judges to organise the proceedings in the most efficient and cost effective manner.
Order on security for costs (R. 158 RoP) must be considered a case management order, making it subject to review by the panel (R. 333.1 RoP).
System implies a broad interpretation of “case management decision or order”.
Judge-rapporteur not competent to decide on leave to appeal in his order on security for cost (R. 158 RoP, R. 220.2 RoP, R. 333.1 RoP).
Would circumvent the system with panel review. It is therefore only the panel, after panel review, that can decide on leave to appeal.
IPPT20250114, UPC CoA, Total Semiconductors v Texas Instruments