Appeal Order

1. If an appeal is lodged against an order rejecting a preliminary objection, the Court of Appeal may stay the proceedings at first instance on a “reasoned request” by a party (Rule 21.2 RoP). A statement which does not set out the reasons why the first instance proceedings should be stayed does not constitute a reasoned request. 2. The arguments presented by the applicant at the interim conference cannot remedy the lack of reasoning in its written statement. The interim conference may be used to further clarify the reasoning for a stay request. However, also in view of the defendant’s right to prepare its defence, it cannot be used to present the grounds for the request for the first time.

Reasoned request to stay proceedings pending appeal, Appeal