UPClytics
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APL 20002/2024

Case details
Status
Action
Appeal
Category
Main Appeal
Division
Court of Appeal
Judges
Language
First decided
Jul 23, 2024
Decisions
  • 2024-07-23
    Appeal decisionAppeal RoP220.1

    Order from the Court of Appeal (UPC_CoA_177/2024) on the disclosure of evidence obtained in preservation/inspection proceedings under Art. 60 UPCA. The Court held that an application for preservation of evidence necessarily implies a right to have the outcome disclosed to the applicant, but this right is not unconditional — the opposing party must be heard before disclosure, especially where the evidence may contain confidential information. The Court remanded the matter to ensure AWM and Schnell were given the opportunity to make a confidentiality request before Progress received the expert report.

    Legal issues:Preservation of evidence (Art. 60 UPCA, R. 192 et seq. RoP)Disclosure of evidence to applicantConfidentiality in evidence proceedingsRight to adversarial proceedings
Documents
  • 9F6C2844E525A155B8003A9ADF183B62_en.pdf2024-07-23EN