UPC CoA, 22 May 2026 : Dismissal of appeal to revoke security of costs order by default.
20-07-2026 Print this page
Application to revoke security for costs order rejected. Appeal dismissed by default - appellant failed to provide ordered security within prescribed time (Article 69 UPCA, Rule 158 RoP, Rule 357 RoP).
It is not necessary to consider the merits of the appeal pursuant to Rule 355.2 RoP and no reason to do so under Rule 357.2 RoP. (Rule 357.2 RoP, Rule 355.2 RoP).
Rule 357.2 RoP states that when considering whether to give a decision by default, the Court of Appeal may consider the merits of the appeal.
This does not mean that R. 355.2 RoP does not apply in appeal proceedings.
For the purposes of R. 355.2 RoP, the appellant is regarded as the claimant in the appeal proceedings. This means that R. 355.2 RoP does not apply in appeal proceedings when a decision by default is requested by the respondent against the appellant because the appellant failed to take a step within the time limit foreseen in the RoP or set by the Court or failed to appear at an oral hearing pursuant to R. 355.1 (a) and (b) RoP.
Appellant has not put forward any reasons why no decision by default should be given (Rule 158 RoP)
The effectiveness of security for costs ordered is ensured by the power granted to the Court under R. 158.5 RoP to give a decision by default if the party bound to provide security for costs fails to do so. It is only under exceptional circumstances that the Court may derogate from this general rule.
