Rule 221 – Application for leave to appeal against cost decisions

1. A party adversely affected by a decision referred to in Rule 157 may lodge an Application for leave to appeal to the Court of Appeal within 15 days of service of the decision of the Court.

2. The Application for leave to appeal shall set out:

(a) the reasons why the appeal should be heard;

(b) where necessary, the facts, evidence and arguments relied on.

3. The Application for leave to appeal shall be assigned to the standing judge (Rule 345.5 and .8) who shall decide on granting leave to appeal.

4. If leave to appeal a cost decision is granted the standing judge shall decide the appeal.

Case Law

IPPT20250403, UPC CoA, EOFLow v Insulet
Withdrawal of an application for leave to appeal against cost decision (R. 221 RoP) allowed pursuant to R. 265 RoP

IPPT20250110, UPC CFI, LD Munich, Edwards Lifesciences v Meril
No legal basis for interest on reimbursable legal costs and other expenses (Article 69 UPCA, R. 156.2 RoP). No provision for judge-rapporteur to grant leave to appeal from a cost decision. According to Rule 221 RoP, a party adversely affected by a decision referred to in Rule 157 RoP may, within 15 days of notification of the relevant decision of the Court of First Instance, file an application for leave to appeal with the Court of Appeal.