UPC CoA , 27 November 2025 : Stay of first instance proceedings not granted - topic of controversial debate does not constitute exceptional circumstances.
22-04-2026 Print this page
Request to stay first instance proceedings pending appeal dismissed. (Rule 21.2 RoP)
No exceptional circumstances.
The mere fact that, the preliminary objection relates to a question of jurisdiction which has never been decided by the court and has triggered a high amount of controversial discussion among scholars, does not constitute exceptional circumstances which can justify a stay.
Extension of time limit for submission of statement of defence in first instance rejected in appeal. (Rule 9.3 RoP)
Extension of time limits for submissions in the first instance proceedings must, as a general rule, be decided upon firstly by the CFI. Appellant failed to demonstrate that the first instance court overstepped the boundaries of its discretion.
