Michael Wilson and Partners Ltd v Sinclair & Ors

A stay of execution on the interim payment of costs is granted on condition that the sums ordered are paid into court immediately. Security for costs is ordered due to the appellant's residence outside the jurisdiction and concerns about enforcement, with payment to be made within 14 days or the appeal stayed.

Parties: Appellant: Michael Wilson and Partners Limited; Respondents: Sinclair and Others
Jurisdiction: England and Wales
Judgment Date: 16 January 2013
Procedural Posture: Civil Appeal / Interlocutory Application
Outcome: Appeal allowed
Legal Topics: Stay of Execution, Interim Payment of Costs, Security for Costs, Abuse of Process

Civil Procedure Commercial Law Stay of Execution Interim Payment of Costs Security for Costs Abuse of Process

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Parties

Michael Wilson and Partners Limited

Appellant

Sinclair and Others

Respondents

Procedural Posture

Civil Appeal / Interlocutory Application

Legal Issues

1 Whether a stay should be granted on an order for interim payment of costs pending appeal
2 Whether security for costs should be ordered against the appellant

Ratio Decidendi

Court Disposition

Appeal allowed

Orders

Stay of execution granted on condition of immediate payment of £150,000 into court pursuant to Teare J's order.
Payment of £150,000 as security for costs to be made within 14 days; if not, appeal stayed.