Hearing update: UPC & access to documents

Yesterday morning (12 March), I observed an interesting hearing before the UPC Court of Appeal in Luxembourg, relating to a request for access to pleadings and evidence under Rule 262(1)(b) UPC Rules of Procedure.

UPC enthusiasts will be aware that there are conflicting decisions at first instance relating to such requests as between different divisions.

The Court of Appeal, sitting with Presiding Judge Rian Kalden, Jge Patricia Rombach and Judge Rapporteur Ingeborg Simonsson (three Legally Qualified Judges, but with no Technically Qualified Judges), heard the appeals of Ocado and Autostore against the decision of the Nordic-Baltic Regional Division to grant access to pleadings and evidence to a third party, Dr Christopher Stothers. Unfortunately, Bristows’ request to intervene in the appeal was denied (so no opportunity to wear the gown this time!), but it was nevertheless instructive to hear the parties’ submissions and the Court’s handling of the appeal.

The court has indicated it will issue its decision as soon as possible, recognising that this was an important principle that required careful consideration, affecting a number of other pending requests.

We’ll be providing further insight and analysis on this matter, and its implications, in due course. In the meantime, visit our dedicated website for more UPC coverage and watch this space for our latest episode of You, me & the UPC.