UPC CoA, 31 October 2025 : A stay concerning a preliminary objection may be granted exceptionally.
22-04-2026 Print this page
Request to stay first instance preliminary objection rejected. (Rule 21.2 RoP, Rule 295 RoP) Request to extend deadlines rejected. (Rule 9.3 RoP)
A stay under Rule 21.2 RoP may be granted exceptionally, under the condition that an appeal against a decision on a preliminary objection has been already been filed under Rule 21.1 RoP.
And not by anticipation or speculation of such an appeal.
As a general rule, it is not for the Court of Appeal to decide on the stay of proceedings pending before the first instance, unless there are exceptional circumstances. The same applies for extension of deadlines. The first instance is better informed of all the relevant circumstances of the case it also has a margin of discretion in managing the case.
