Order

A decision by default has been issued when a Statement of response was submitted by a respondent who was not allowed to represent himself or the co-applicant. - R. 235.3 RoP is a lex specialis which applies if the Statement of response is not lodged timely. Apart from the fact that no request is required in R. 235.3 RoP, so it can be applied on the Court’s own motion, the drafting history demonstrates that a reasoned decision is effectively a default decision. This means that the remedy in R. 356.1 RoP – Application to set aside that decision within one month of service of the decision by a party against whom a decision by default has been given – applies mutatis mutandis to reasoned decisions. - Access to written pleadings and evidence (R. 262.1(b) RoP) should not be granted to members of the public who are not represented. - Compensation for costs should not be awarded in relation to applications for access to written pleadings and evidence pursuant to R. 262.1 (b) RoP. In exceptional cases a party may be ordered to bear any unnecessary costs it has caused the Court or another party (Art. 69(3) UPCA).

Reasoned decision, Public access to the register, Decision by default