Kevythalli Design Ltd v Ice Associates Ltd [2009] EWHC 3676 (TCC) (16 December 2009)

Kevythalli Design Ltd v Ice Associates Ltd [2009] EWHC 3676 (TCC) (16 December 2009)

A stay of execution does not require discharge of interim third party debt orders; transfer to High Court is not justified as urgency and convenience are not established, and status quo should be maintained pending Court of Appeal decision.

Citation
[2009] EWHC 3676 (TCC)
Parties
Claimant/respondent: Kevythalli Design Limited; Defendant/appellant: ICE Associates Limited
Jurisdiction
England and Wales
Judgment Date
16 December 2009
Procedural Posture
Application for Transfer and Third Party Debt Order Enforcement / High Court Hearing on Transfer and Enforcement Pending Appeal
Outcome
Application to transfer dismissed; interim third party debt order remains; no final order made.
Legal Topics
Third Party Debt Orders, Stay of Execution, Transfer of Proceedings, Judgment Enforcement
Civil Procedure Commercial Law Third Party Debt Orders Stay of Execution Transfer of Proceedings Judgment Enforcement

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Parties

Kevythalli Design Limited

Claimant/respondent

ICE Associates Limited

Defendant/appellant

Procedural Posture

Application for Transfer and Third Party Debt Order Enforcement / High Court Hearing on Transfer and Enforcement Pending Appeal

Legal Issues

  1. 1 Whether interim third party debt order should be discharged
  2. 2 Whether final third party debt order should be made
  3. 3 Whether proceedings should be transferred to the High Court

Ratio Decidendi

A stay of execution does not require discharge of interim third party debt orders; transfer to High Court is not justified as urgency and convenience are not established, and status quo should be maintained pending Court of Appeal decision.

Court Disposition

Application to transfer dismissed; interim third party debt order remains; no final order made.

Orders

  • Defendant to pay Claimant £3,000 costs within 14 days