Dany Lions Ltd v Bristol Cars Ltd

Dany Lions Ltd v Bristol Cars Ltd

The claimant, having complied with the Consent Order by giving the required notice, is entitled to an order for payment of the sums held by Pitmans LLP, but compliance with that order is suspended pending the Court of Appeal’s determination of the defendant’s application for a stay of execution.

Source-derived case information.

Parties
Claimant: Dany Lions Ltd; Defendant: Bristol Cars Ltd
Jurisdiction
England and Wales
Judgment Date
01 May 2014
Procedural Posture
Civil / Post Judgment Applications (cross Applications for Enforcement and Stay Pending Appeal)
Outcome
Both applications succeed in part; order for payment to claimant made but suspended pending Court of Appeal’s decision on stay.
Legal Topics
Breach of Contract, Stay of Execution, Enforcement of Judgment, Consent Orders
Contract Law Civil Procedure Breach of Contract Stay of Execution Enforcement of Judgment Consent Orders

Source-derived case record

Summary, issues, holding and outcome

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Parties

Dany Lions Ltd

Claimant

Bristol Cars Ltd

Defendant

Procedural Posture

Civil / Post Judgment Applications (cross Applications for Enforcement and Stay Pending Appeal)

Legal Issues

  1. 1 Whether the claimant is entitled to enforce the judgment after giving notice under the Consent Order
  2. 2 Whether the defendant is entitled to a stay of execution pending appeal

Ratio Decidendi

The claimant, having complied with the Consent Order by giving the required notice, is entitled to an order for payment of the sums held by Pitmans LLP, but compliance with that order is suspended pending the Court of Appeal’s determination of the defendant’s application for a stay of execution.

Court Disposition

Both applications succeed in part; order for payment to claimant made but suspended pending Court of Appeal’s decision on stay.

Orders

  • Pitmans LLP to pay £220,070.84 to the claimant, subject to suspension pending the Court of Appeal’s determination on stay of execution.
  • Further suspension if stay is granted until resolution of the appeal.