Source: All England Reporter
Publisher Citation: [2005] All ER (D) 224 (Nov)
Court: Chancery Division

Lewison J

Representation Romie Tager QC (instructed by Charles Russell, Cheltenham) for the claimants.
  Simon Malynicz (instructed by Edwin Coe) for the defendants.
Judgment Dates: 17 November 2005


Execution - Stay - Stay of execution pending appeal - Relevant considerations - Whether court should exercise discretion to grant stay - CPR 52.7, .

The Case

Applying the relevant principles to be considered on an application for a stay pursuant to CPR 52.7, , the court granted the claimants' application for a stay of the order requiring it to make an interim payment of costs, pending their appeal to the Court of Appeal, where it was satisfied that the balance of justice so required.

Practice Areas

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