UPC CoA, 9 October 2024: General statement that all submission are maintained is as such not enough for appeal
31-10-2024 Print this page
Level of detail required to meet the standard of R 226 Rop for the Statement of grounds of appeal must be assessed on a case-by-case basis depending on, among other things, how detailed the impugned order is in the contested parts.
General statement that all submissions from the pleadings submitted at first instance are maintained in full is not enough as such. [...] From this, in conjunction with SharkNinja’s initial statement that all submissions from the pleadings submitted at first instance are maintained in full, it is clear that SharkNinja also want to include in the appeal their arguments from the Rejoinder to the Reply that they were not able to present at the hearing before the Local Division.
New evidence FBD 27 and FBD 28 disregarded in appeal (R. 222.2 RoP).
Relevancy of submission not convincingly argued and submitted over three and one month, respectively, after having been obtained
