Dudley Joiner & Anor v George & Ors [2001] EWCA Civ 749 (11 May 2001)

Dudley Joiner & Anor v George & Ors [2001] EWCA Civ 749 (11 May 2001)

A stay of execution is granted because the applicants would suffer considerable harm if forced to pay before appeal determination, the appeal is bona fide, and equitable considerations including judgment debts owed by respondent outweigh any hardship to the respondents.

Citation
[2001] EWCA Civ 749
Parties
Claimant/respondent: Dudley Joiner; Claimant/respondent: Thelma Joiner; Defendant/applicant: Richard George; Defendant/applicant: Gary Robinson; Defendant: Arnheim Technology Limited; Defendant: The International Technology Group Limited; Defendant: Unigel Limited
Jurisdiction
England and Wales
Judgment Date
11 May 2001
Procedural Posture
Civil Appeal / Application for Stay of Execution Pending Appeal
Outcome
stay of execution granted pending appeal
Legal Topics
Stay of Execution, Damages, Option Agreement, Shareholding Dispute, Bankruptcy, Alternative Dispute Resolution
Civil Procedure Contract Law Stay of Execution Damages Option Agreement Shareholding Dispute Bankruptcy Alternative Dispute Resolution

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Parties

Dudley Joiner

Claimant/respondent

Thelma Joiner

Claimant/respondent

Richard George

Defendant/applicant

Gary Robinson

Defendant/applicant

Arnheim Technology Limited

Defendant

The International Technology Group Limited

Defendant

Unigel Limited

Defendant

Procedural Posture

Civil Appeal / Application for Stay of Execution Pending Appeal

Legal Issues

  1. 1 Whether a stay of execution should be granted pending appeal
  2. 2 Whether the harm to applicants outweighs the harm to respondents
  3. 3 Whether the appeal is bona fide and has prospects of success

Ratio Decidendi

A stay of execution is granted because the applicants would suffer considerable harm if forced to pay before appeal determination, the appeal is bona fide, and equitable considerations including judgment debts owed by respondent outweigh any hardship to the respondents.

Court Disposition

stay of execution granted pending appeal

Orders

  • Mr George and Mr Robinson to swear affidavits confirming financial information and serve copies on Mr Joiner within 14 days (George) and 21 days (Robinson)