Wittman (UK) Ltd v Willdav Engineering SA [2007] EWCA Civ 521 (10 May 2007)

Wittman (UK) Ltd v Willdav Engineering SA [2007] EWCA Civ 521 (10 May 2007)

There were insufficient grounds to justify requiring the appellant to pay the judgment debt and costs into court as a condition of pursuing the appeal. The evidence did not establish a compelling risk of non-payment or asset dissipation, and the delay in making the application further undermined its justification.

Citation
[2007] EWCA Civ 521
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 Pending Appeal, Guarantee Liability, Stay of Execution, Enforcement of Judgments
Civil Procedure Contract Law Security for Judgment Pending Appeal Guarantee Liability Stay of Execution Enforcement of Judgments

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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 the appellant should be required to pay the judgment debt and costs into court as a condition of pursuing the appeal under CPR Rule 52.9(1)(c)

Ratio Decidendi

There were insufficient grounds to justify requiring the appellant to pay the judgment debt and costs into court as a condition of pursuing the appeal. The evidence did not establish a compelling risk of non-payment or asset dissipation, and the delay in making the application further undermined its justification.

Court Disposition

Application refused

Orders

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