1. Key takeaways
Failure to comply with the time limit for application
for cost decision can only be remedied by re-establishment of
rights
Where a cost ratio has been determined, both parties are
required to lodge, within the time limit, an application for a
decision on their respective costs, in accordance with Rule 151 of
the Rules of Procedure.
Failure to comply with the time limit for an application for a
cost decision pursuant to R. 151.1 of the Rules of Procedure can
only be remedied by re-establishment of rights (R. 320 RoP)
(UPC_CoA_618/2024).
Inadequate knowledge of the law is not sufficient
grounds for re-establishment of rights.
In principle, due care within the meaning of Rule 320.1 of the
Rules of Procedure includes knowledge of the legal system and the
relevant decisions, in particular those of the Court of Appeal. A
represented party must assume responsibility for any fault on the
part of their UPC representative.
