UPC: Enhanced Disclosure Requirements in Ex-Parte Applications for Preservation of Evidence

In this key ruling, the Court of Appeal clarifies the strict obligations of parties and their representatives when applying for evidence preservation measures without prior hearing of the opposing party. Measures for the preservation of evidence without hearing the opposing party raise fundamental issues regarding the right to be heard. The applicant's duty to disclose all material facts known to them that could influence the Court's decision on an order without hearing the respondent serves to ensure that the Court can appropriately balance the interests of both parties, despite relying solely on the facts presented in the application. Representatives are generally under an obligation not to misrepresent facts. An applicant for an ex-parte order is subject to heightened requirements to disclose all relevant material facts and to omit nothing; this includes circumstances that are significant for the proportionality assessment. Omissions or distorted representations of material facts that can be central to the decision cannot be cured or bypassed by subsequent submissions in a review application. (UPC 16. 3. 2026, CoA 3/2026)