UPC Court of Appeal, 18/19/20 December 2023: if you want speed you have to apply it
30-12-2023 Print this page
Three requests by Appellant for shortening the time period for filing the Statement of response by Respondent in three appeala rejected; disproportionate to the time the Appellant has itself taken for the Statement of appeal (Rule 9 RoP, Rule 224 RoP).
Request for expedition of appeal by Appellant after having used full 15 days for Statement of appeal, which would give Respondent only 4 working days to respond, and would require the Court of Appeal to decide the case on the very same day, without the opportunity to hear the parties,
(i) insufficiently takes into account the interests of the Respondent to be given sufficient time to properly prepare its Statement of response and
(ii) would be contrary to the principles of proportionality, fairness and equity.
Procedural order requests where no technical issues are at hand, can be adjudicated by three legally qualified judges of the Court of Appeal (Article 9 UPCA).
Consistent with the logic underlying the composition of panels of the Court of First Instance; Ensures cost effectiveness of proceedings and efficiency, thus ensuring expeditious decisions; In conformity with principles of proportionality, flexibility, fairness and equity.
IPPT20231218, UPC CoA, OPPO v Panasonic
IPPT20231219, UPC CoA, OPPO v Panasonic
