Stay of Execution in UK Law

Leading Cases
  • Evans v Bartlam
    • House of Lords
    • 30 Abril 1937

  • Wimbledon Construction v Vago
    • Queen's Bench Division (Technology and Construction Court)
    • 20 Mayo 2005

  • Linotype-Hell Finance Ltd v Baker
    • Court of Appeal (Civil Division)
    • 22 Septiembre 1992

    At a brief glance they do not seem to me to reflect the current practice in this court; and I would have thought it was much to be desired that all the 19th century cases should be put on one side and that one should concentrate on the current practice. It seems to me that, if a defendant can say that without a stay of execution he will be ruined and that he has an appeal which has some prospect of success, that is a legitimate ground for granting a stay of execution.

  • Re Bayoil SA
    • Court of Appeal (Civil Division)
    • 31 Julio 1998

    The ability of a petitioning creditor to levy execution against the company does not entitle him to have it wound up. I emphasise that the cross claim must be genuine and serious or, if you prefer, one of substance; that it must be one which the company has been unable to litigate; and that it must be in an amount exceeding the amount of the petitioner's debt.

  • Montecchi v Shimco (U.K.) Ltd
    • Court of Appeal (Civil Division)
    • 04 Octubre 1978

    Now of course it is elementary that as between the immediate parties to a bill of exchange, which is treated in international commerce as the equivalent of cash, the fact that the defendant may have a counter-claim for unliquidated damages arising out of the same transaction forms no sort of defence to an action on a bill of exchange and no ground on which he should be granted a stay of execution of the judgment in the action for the proceeds of the bill of exchange.

  • Leicester Circuits Ltd v Coates Brothers Plc
    • Court of Appeal (Civil Division)
    • 05 Marzo 2003

    The proper approach is to make the order which best accords with the interests of justice. Where there is a risk of harm to one party or another, whichever order is made, the court has to balance the alternatives to decide which is less likely to cause injustice. The normal rule is for no stay, but where the justice of that approach is in doubt, the answer may well depend on the perceived strength of the appeal.

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Legislation
  • Common Law Procedure Act 1854
    • UK Non-devolved
    • 1 de Enero de 1854
  • Foreign Judgments (Reciprocal Enforcement) Act 1933
    • UK Non-devolved
    • 1 de Enero de 1933
    ... ... ) it has been wholly satisfied; or(b) it could not be enforced by execution in the country of the original court ... (2) Subject to the provisions ... or setting aside a judgment or an application for a new trial or a stay of execution;Country of the original court means the country in which the ... ...
  • Civil Procedure Rules 1998
    • UK Non-devolved
    • 1 de Enero de 1998
    ... ... (such as a counterclaim) be dealt with as separate proceedings;(f) stay(GL) the whole or part of any proceedings or judgment either generally or ... 40.7Time from which interest begins to runRule 40.8tay of execution and other relief Rule 40.8AWho may apply to set aside or vary a judgment ... ...
  • Arbitration (International Investment Disputes) Act 1966
    • UK Non-devolved
    • 1 de Enero de 1966
    ... ... it imposes, be of the same force and effect for the purposes of execution as if it had been a judgment of the High Court given when the award was ... provisions requiring the court on proof of the prescribed matters to stay execution of any award registered under this Act so as to take account of ... ...
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Books & Journal Articles
  • Critical Studies
    • No. 24-2, June 1958
    • International Review of Administrative Sciences
    • 0000
    ... ... Indeed, many authors have claimed that it  is  im- ... Stay  of  Execution  of  Administrative  Decisions ... ...
  • Ministerial Control of Electricité de France
    • No. 32-4, December 1954
    • Public Administration
    ... ... Commissioner named above, to all meetings, and a similar stay of execution power, this time relating to decisions “ affecting ... ...
  • STATE ARBITRATION IN THE U.S.S.R.
    • No. 18-5, September 1955
    • The Modern Law Review
    ... ... to Gosarbitrage to set aside the summary writ of execution, or, if execution has already taken place, for the return of ... independent proceedings, and there will normally be no stay of execution against him meanwhile. FEES The fee payable for ... ...
  • Middle East: The Crime of Drawing Worthless Cheques
    • No. 4-2, April 1996
    • Journal of Financial Crime
    • 187-188
    The process of drawing cheques instead of cash is spreading, as a consequence of the expansion of banking operations, multiplicity of civil and commercial transactions and the simplicity of such dr...
    ... ... , the court which has given such a judgment may suspend the same (stay of execution) at the request of the convict. In such a situation, the ... ...
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Law Firm Commentaries
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