Beatriz Lima and Sara Nazaré contribute to a The IPKat article on cross-appeals before the UPC
Beatriz Lima and Sara Nazaré examine whether a party that obtained a favourable outcome at first instance may nevertheless challenge the reasoning of that decision before the UPC Court of Appeal.
At the invitation of Annsley Merelle Ward, Beatriz Lima and Sara Nazaré contributed to the article Winning, yet appealing: can a successful party feel crossed? Cross-appeals and Rule 236.2 RoP, published by The IPKat.
The article considers the position of a party that obtains the outcome it sought but receives adverse findings on particular submissions or grounds in the decision. Against this background, it examines the scope of Rule 236.2 of the Rules of Procedure, which allows an appeal respondent to support the outcome of a decision on additional or different grounds.
The analysis also considers the implications of this issue for the admissibility of appeals and cross-appeals, the formulation of requests and procedural strategy in future UPC litigation, as the Court’s case law continues to develop.
