UPC CoA, 27 February 2026: Auxiliairy requests submitted in first instance are part of the appeal proceedings
23-03-2026 Print this page
Request rejected for further exchange of written submissions, following reference in Statement of response to auxiliary requests already submitted in the first instance (R. 36 RoP, R. 222 RoP).
The Auxiliary Requests must be considered to be part of the appeal proceedings, until and unless indicated otherwise (e.g. by a withdrawal).
In a situation where the CFI did not need to decide on Auxiliary Requests, Appellant still has to address them if it wants to add anything to what was already submitted at first instance.
Not allowing further pleadings is not contrary to the principles of due process, in particular the principles of fairness, equity and the right to be heard.
