Source: All England Reporter
Publisher Citation: [2002] All ER (D) 117 (Jul)
Court: Chancery Division

Etherton J

Representation Kenneth Craig (instructed by Bude Nathan Iwainer) for the defendants.
  The applicant appeared in person.
Judgment Dates: 8 July 2002


Judgment - Order - Setting aside - Claimants obtaining arbitration award against first defendant - Claimants subsequently obtaining judgment from High Court - Court charging first defendant's interest in property with payment of judgment debt - Court dismissing first defendant's application to set aside arbitration award - Master subsequently making order for sale of property - First defendant applying for stay of master's order - Whether stay should be granted.

The Case

The first defendant's application for a stay of the master's order directing the sale of property was dismissed on the grounds that no application for permission to appeal the earlier judgment had been made to the Court of Appeal, there was no challenge to that judgment, and on balance weighing up the prejudice on either side, the court would take account of the fact that the property was not currently occupied by the first defendant.

Practice Areas

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