Contents of the Application for the determination of damages
Part 1 – Procedures before the Court of First Instance
Chapter 4 – Procedure for the determination of damages and compensation
Section 1 – Application for the determination of damages
Rule 131 – Contents of the Application for the determination of damages
- The Application for the determination of damages shall contain:
- particulars in accordance with Rule 13.1(a) to (d);
- the date of the decision on the merits and the action number of the file;
- if required a request for an order to lay open books (Rules 141 to 144) in which case the applicant shall provide the matters set out in Rule 141(b) to (e).
- After any procedure for the laying open of books is complete, or, if that has not been requested in the Application referred to in paragraph 1 the applicant shall indicate:
- the redress (damages, licence fees, profits) and the interest thereon requested by him;
- an indication of the facts relied on, in particular calculations concerning lost profits or profits made by the unsuccessful party;
- the evidence relied on;
- a statement as to whether the decision on the merits is the subject of an appeal;
- his assessment of the amount of damages due to him.
Relation with Agreement:
Relation with Statute:
Linking to this rule:
Rule 134 – Examination as to formal requirements of the Application for the determination of damages
Rule 135 – Recording in the register (Application for the determination of damages) and service
Rule 137 – Reply of the unsuccessful party