Daly & Anor v Sheikh [2002] EWCA Civ 1419 (19 September 2002)

Daly & Anor v Sheikh [2002] EWCA Civ 1419 (19 September 2002)

Given the imminent hearing of the appeal, the relatively small sums involved, the defendant's conduct, and the discretionary nature of interim orders, it is inappropriate to grant the defendant's applications for lifting the stay, interim payment, or requiring transcripts at this stage.

Citation
[2002] EWCA Civ 1419
Parties
Claimant/respondent: Howard Daly; Claimant/respondent: Lynda Marilyn Daly; Defendant/appellant: Nomaan Sheikh
Jurisdiction
England and Wales
Judgment Date
19 September 2002
Procedural Posture
Civil Appeal / Interlocutory Application Pending Appeal
Outcome
Applications dismissed
Legal Topics
Costs, Interim Orders, Transcripts, Appeal Procedure
Civil Procedure Costs Interim Orders Transcripts Appeal Procedure

Case Brief

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Parties

Howard Daly

Claimant/respondent

Lynda Marilyn Daly

Claimant/respondent

Nomaan Sheikh

Defendant/appellant

Procedural Posture

Civil Appeal / Interlocutory Application Pending Appeal

Legal Issues

  1. 1 Whether to lift the stay of execution on costs
  2. 2 Whether to order interim payment of costs
  3. 3 Whether to require the claimant to provide transcripts as a condition of appeal

Ratio Decidendi

Given the imminent hearing of the appeal, the relatively small sums involved, the defendant's conduct, and the discretionary nature of interim orders, it is inappropriate to grant the defendant's applications for lifting the stay, interim payment, or requiring transcripts at this stage.

Court Disposition

Applications dismissed

Orders

  • Applications dismissed
  • Costs of the application to be paid by the defendant