Stay Pending Appeal in UK Law

Leading Cases
  • Linotype-Hell Finance Ltd v Baker
    • Court of Appeal (Civil Division)
    • 22 September 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.

  • Secretary of State for Trade and Industry v Bannister and Another
    • Court of Appeal (Civil Division)
    • 19 July 1995

    Section 17 prescribes a method by which a person disqualified may nevertheless obtain leave to act as a director. Further as Chadwick J observed in Re Auto Electro and Powder Finishers the grant of such leave would not have the effect which I assume, for it is not necessary to decide, a stay or suspension would have of shortening the period of the disqualification. The flexibility which it permits is shown by the order of Hoffmann J in Re Ipcon Fashions Ltd (1989) 5 BCC 773, 776.

  • SG (Iraq) v Secretary of State for the Home Department
    • Court of Appeal (Civil Division)
    • 13 July 2012

    In relation to evidence other than that considered by the Tribunal, and in particular evidence of subsequent events, I would endorse the test formulated by Irwin J. The Court should not stay removal pending the decision of the Court of Appeal unless the claimant has adduced a clear and coherent body of evidence that the findings of the Tribunal were in error.

  • HTC Corpn v Nokia Corpn
    • Chancery Division (Patents Court)
    • 03 December 2013

    It is clear from this case law that, in considering whether the grant of an injunction would be oppressive, the extent to which the claimant asserted his rights, what knowledge the defendant had of the claimant's rights when and what the defendant did when faced with the problem are particularly relevant considerations. A potentially decisive factor is if the claimant makes it clear that all he is really interested in is money.

  • Dallah Real Estate and Tourism Holding Company v Ministry of Religious Affairs, Government of Pakistan [SC]
    • Supreme Court
    • 03 November 2010

    Domestically, there is no doubt that, whether or not a party's challenge to the jurisdiction has been raised, argued and decided before the arbitrator, a party who has not submitted to the arbitrator's jurisdiction is entitled to a full judicial determination on evidence of an issue of jurisdiction before the English court, on an application made in time for that purpose under s.67 of the Arbitration Act 1996, just as he would be entitled under s.72 if he had taken no part before the arbitrator: see e.g. Azov Shipping Co. v Baltic Shipping Co. [1999] 1 Lloyd's Rep 68.

  • Raja v Van Hoogstraten
    • Court of Appeal (Civil Division)
    • 15 November 2005

    The need to strike a balance between the prejudice to the defendant if he is required to disclose assets which it is later held he should not have been require to disclose and the prejudice to the claimant if the defendant is not required to disclose assets which it is later held he should have been required to disclose was recognised by this Court in the Motorola case.

  • Evans v Bartlam
    • House of Lords
    • 30 April 1937

    One is that where the judgment was obtained regularly there must be an affidavit of merits, meaning that the applicant must produce to the Court evidence that he has a prima facie defence. The principle obviously is that unless and until the Court has pronounced a judgment upon the merits or by consent, it is to have the power to revoke the expression of its coercive power where that has only been obtained by a failure to follow any of the rules of procedure.

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  • The Tribunal Procedure (First-tier Tribunal) (Property Chamber) Rules 2013
    • UK Non-devolved
    • January 01, 2013
    ... ... Tribunal proceedings, whether by making an appeal, an application, an objection or otherwise;(b) ... an estimate of the length of the hearing;(m) stay proceedings;(n) transfer proceedings to another ... (o) suspend the effect of its own decision pending the determination by the Tribunal or the Upper ... ...
  • Counter-Terrorism and Security Act 2015
    • UK Non-devolved
    • January 01, 2015
    ... ... (9) Only the Secretary of State may appeal against a determination of the court under—(a) ... and Wales or Northern Ireland, power to stay the quashing for a specified time, or pending an ... ...
  • The Criminal Procedure Rules 2015
    • UK Non-devolved
    • January 01, 2015
    ... ... in the criminal division of the Court of Appeal ... (2) If a rule applies only in one or some ... trial advocaterule 3.19Application to stay case for abuse of processrule 3.20Application for ... : general rules) about keeping exhibits pending any appeal ... (1) This rule applies ... ...
  • Civil Procedure Rules 1998
    • UK Non-devolved
    • January 01, 1998
    ... ... ; and(c) the Civil Division of the Court of Appeal ... (2) These Rules do not apply to proceedings ... ) be dealt with as separate proceedings;(f) stay(GL) the whole or part of any proceedings or ... the parties concerning the same claim are pending in the courts of any part of the United Kingdom ... ...
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Books & Journal Articles
  • Index
    • Appendices
    • Assets of Community Value. Law and Practice
    • Simon Adamyk
    • 419-435
    ... ... : background 6.9–6.17 to Court of Appeal 1.24, 3.56n95, 6.1, 6.2, 6.80–6.84, 6.107, ... for 5.161–5.170 continuation, pending listing review or appeal 3.175, 5.2, 6.8 duties ... of law or fact 6.7 site views 6.35 stay pending appeal, lack of 3.175, 5.2, 6.8 time ... ...
  • Tribunal Procedure (First-tier Tribunal) (General Regulatory Chamber) Rules 2009 (SI 2009/1976)
    • Appendices
    • Assets of Community Value. Law and Practice
    • Simon Adamyk
    • 353-376
    ... ... -ACV cases ] 20 Procedure for applying for a stay of a decision pending an appeal ... 354 ... ...
  • Tribunal Procedure (First-tier Tribunal) (Property Chamber) Rules 2013 (SI 2013/1169)
    • Appendices
    • Leasehold Enfranchisement Law & Practice
    • Piers Harrison/David Lonsdale
    • 213-240
    ... ... Tribunal proceedings, whether by making an appeal, an application, an objection or otherwise; ... estimate of the length of the hearing; (m) stay proceedings; (n) transfer proceedings to ... (o) suspend the effect of its own decision pending the determination by the Tribunal or the Upper ... ...
  • Detailed Contents
    • Preliminary Sections
    • Assets of Community Value. Law and Practice
    • Simon Adamyk
    • 7-15
    ... ... For how long does land stay on the list of assets of community value? 24 ... 39 Nominator can still be a party to an appeal even where there are doubts as to its eligibility ... No suspension of listing pending review or appeal 161 ... Detailed Contents xi ... ...
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Law Firm Commentaries
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