Wittman (UK) Ltd v Willdav Engineering SA

Wittman (UK) Ltd v Willdav Engineering SA

There were insufficient compelling reasons to require the appellant to pay the judgment debt into court as a condition of pursuing the appeal. The respondent failed to show that enforcement would be unduly difficult, that the appellant would evade enforcement, or that the circumstances justified such an order, especially given the delay in making the application.

Parties
Claimant/respondent: Wittman (UK) Ltd; Defendant/appellant: Willdav Engineering SA
Jurisdiction
England and Wales
Judgment Date
10 May 2007
Procedural Posture
Civil Appeal / Application Under CPR Rule 52.9(1)(c) for Payment Into Court as Condition of Appeal
Outcome
Application refused
Legal Topics
Security for Judgment Debt, Stay of Execution, Conditions for Appeal
Civil Procedure Security for Judgment Debt Stay of Execution Conditions for Appeal

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Parties

Wittman (UK) Ltd

Claimant/respondent

Willdav Engineering SA

Defendant/appellant

Procedural Posture

Civil Appeal / Application Under CPR Rule 52.9(1)(c) for Payment Into Court as Condition of Appeal

Legal Issues

  1. 1 Whether there are compelling reasons to order the appellant to pay the judgment debt into court as a condition of pursuing the appeal under CPR Rule 52.9(1)(c)

Ratio Decidendi

There were insufficient compelling reasons to require the appellant to pay the judgment debt into court as a condition of pursuing the appeal. The respondent failed to show that enforcement would be unduly difficult, that the appellant would evade enforcement, or that the circumstances justified such an order, especially given the delay in making the application.

Court Disposition

Application refused

Orders

  • Application for payment into court as condition of appeal is refused