UPC CoA, 5 May 2025: impugned order set aside in appeal and no Statement of response lodged in appeal because of inadmissible self-representation
07-07-2025 Print this page
Impugned order granting access to pleadings and evidence (R. 262 RoP) to parties who are not represented set aside as it would compromise the representation requirement (R. 8.1 RoP).
Due to inadmissible self-representation, the formal requirements for lodging a Statement of response have not been met (R. 235 RoP).
A party not being allowed to represent himself or a co-applicant has to instruct an authorised representative and it is not appropriate for him to lodge an application to change of representative pursuant to R. 293 RoP. Respondents failed to lodge a Statement of response as the submitted Statement of response is not signed by the stated new representative.
Reasoned decision (R. 235.3 RoP) or default decision (R. 357.1 RoP): it is the discretion of the Court of Appeal to give a reasoned decision or a default decision. A reasoned decision (R. 235.3 RoP) is a lex specialis of the default decision (R. 357.1 RoP). This means that the remedy of R. 356.1 RoP – an application to set aside that decision within one month of service of the decision by a party against whom a decision by default has been given – applies mutatis mutandis to reasoned decisions.
No compensation for costs in relation to applications for access pursuant to R. 262.1(b) RoP. Identifying confidential parts of written pleadings and evidence and requesting confidentiality is something parties may do in advance even though there may never even be a request for access.
