Stay Pending Appeal in UK Law

Leading Cases
  • 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.

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

  • Evans v Bartlam
    • House of Lords
    • 30 Abril 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.

  • Virgin Atlantic Airways Ltd v Premium Aircraft Interiors Group
    • Court of Appeal (Civil Division)
    • 23 Febrero 2011

    It should be noted the question is not the same when one is considering what to do on an application for an interim injunction pending trial. In that case the patentee has yet to establish his right, whereas after successful trial he has prima facie done just that. So in general, when an appeal is pending, the patentee will get his injunction provided he gives a cross-undertaking in damages against the possibility that the defendant's appeal would be successful.

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

  • Eagle Star Insurance Company Ltd v Yuval Insurance Company Ltd
    • Court of Appeal (Civil Division)
    • 04 Julio 1977

    Like any election, it must be an unequivocable act done with Kacwledge of the material circumstances. On those authorities, it seems to me that in order to deprive a defendant of his recourse to arbitration a"step in the proceedings" must be one which impliedly affirms the correctness of the proceedings and the willingness of the defendant to go along with a determination by the courts of law instead of arbitration.

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Legislation
  • Asylum and Immigration Appeals Act 1993
    • UK Non-devolved
    • 1 de Enero de 1993
    ......he may be detained under the authority of the Secretary of. State pending the making of the deportation order; and the. references to sub-paragraph ... Stay of removal directions pending appeal and bail . Stay of removal directions ......
  • The Insolvency (England and Wales) Rules 2016
    • UK Non-devolved
    • 1 de Enero de 2016
    ...... banked, invested or otherwise dealt with pending distribution to creditors; . (u) how funds held ... (iii) rule 15.35 about rights of appeal; and . (d) be accompanied by— . (i) a copy of .... (5) If proceedings in a winding-up are stayed by order of the court any duty of the official ......
  • The Tribunal Procedure (First-tier Tribunal) (Immigration and Asylum Chamber) Rules 2014
    • UK Non-devolved
    • 1 de Enero de 2014
    ...... “appealable decision” means a decision from which there ... time, including a direction amending, suspending or setting aside an earlier direction. . (3) In ... (j) (j) stay (or, in Scotland, sist) proceedings; . (k) (k) ......
  • The Family Procedure Rules 2010
    • UK Non-devolved
    • 1 de Enero de 2010
    ...... in proceedings under the 1973 Act pending in a divorce county court or proceedings under ... (g) (g) stay (GL) the whole or part of any proceedings or ...(including an application for permission to appeal) and it considers that the application is totally ......
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Books & Journal Articles
  • Crown Courts
    • Nbr. 41-2, April 1977
    • Journal of Criminal Law, The
    ......(19762 All E.R. 993) was under appeal to the House of Lords. Mr. Lever, (whose ..., they would be reinforced by matters now pending in the Liverpool case. Furthermore, the position ... a student whose application for a longer stay had been refused; he had made this marriage of ......
  • The South African Appeal Court and Judicial Review
    • Nbr. 21-6, November 1958
    • The Modern Law Review
    ...... this on the ground that the whole matter was pending before the Conference on Dominion Legislation appointed ... granted stay of execution of judgment pending appeal to the Privy ......
  • KAUFMANN AND OTHERS V CREDIT LYONNAIS BANK
    • Nbr. 3-3, March 1995
    • Journal of Financial Regulation and Compliance
    • 283-289
    Credit Lyonnais (the Defendant), who at all material times were authorised to conduct investment business by virtue of their membership of the Securities Association (its functions now subsumed by ...
    ...... at: 1995 Times Law Reports Leave to Appeal to CA granted THE FACTS Credit Lyonnais (the ...6 Ibid., p. 23. 7 Although a stay of execution was granted pending appeal. 8 [1994] ......
  • Rhodesia: The Abdication Of Constitutionalism
    • Nbr. 32-1, January 1969
    • The Modern Law Review
    ...... * Privy Council Appeal No. 13 of 1968. Lords Reid, Morris of ... ment would obey a temporary interdict staying execution pending the appeal. The ......
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Law Firm Commentaries
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Forms
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