UPC-COA-0000121/2026

An appeal has no suspensive effect unless the Court of Appeal decides otherwise at the motivated request of one of the parties.

Article 74(2) UPCA provides that an appeal against a decision on actions or counterclaims for revocation and on actions based on Article 32(1)(i) UPCA always has suspensive effect, while the Court of Appeal left unresolved whether that effect extends to related costs decisions.

An application for suspensive effect under Rule 223.2 RoP must set out the reasons why the appeal should have suspensive effect and the facts, evidence and arguments relied upon.

Suspensive effect may be granted only if the circumstances justify an exception to the principle that an appeal has no suspensive effect, which requires examining whether the appellant's interest in maintaining the status quo exceptionally outweighs the respondent's interest.

Whether an impugned order contains incorrect conclusions or contradictory reasoning is for determination in the appeal proceedings rather than in the application for suspensive effect.