UPC CFI RD Nordi-Baltic, 16 August 2024, Fast repeat written procedure after stay because of opposition

23-08-2024 Print this page
IPPT20240816, UPC CFI, RD Nordic-Baltic, Edwards v Meril

Wide discretion of the Court to design how “time shall begin to run afresh” after the stay of proceedings comes to an end in accordance with the relevant general principles such as procedural economy and flexibility (Rule 296(3) RoP). 

 

In the court's view, this is essentially a situation in which the claimant has to bring a new action with clarified circumstances and the defendant has to put forward new defence accordingly, derived from the TBA decision. 

 

The Court is in the position, that the written procedure as such has to be repeated, but with shorter time limits.

 

IPPT20240816, UPC CFI, RD Nordic-Baltic, Edwards v Meril