Michael Wilson & Partners Ltd v Sinclair [2017] EWCA Civ 55 (07 February 2017)
CPR 83.7 is the governing rule for stays of execution of money judgments; the judge erred in applying CPR 3.1(2)(f). The facts do not establish 'special circumstances' justifying a stay under CPR 83.7. The appeal is allowed and the stay of execution is lifted.
Source-derived case information.
- Citation
- [2017] EWCA Civ 55
- Parties
- Appellant: Michael Wilson & Partners Limited; Respondent: Thomas Ian Sinclair
- Jurisdiction
- England and Wales
- Judgment Date
- 07 February 2017
- Procedural Posture
- Civil Appeal / Court of Appeal Judgment
- Outcome
- Appeal allowed
- Legal Topics
- Stay of Execution, Costs Orders, Cross Jurisdictional Enforcement, Arbitration Awards
Source-derived case record
Summary, issues, holding and outcome
More case intelligence is available
Unlock the full research layer for this judgment.
Parties
Michael Wilson & Partners Limited
Appellant
Thomas Ian Sinclair
Respondent
Procedural Posture
Civil Appeal / Court of Appeal Judgment
Legal Issues
- 1 Whether CPR 83.7 or CPR 3.1(2)(f) governs the discretion to stay execution of registered foreign costs orders
- 2 Whether 'special circumstances' exist to justify a stay of execution
- 3 Interaction between ongoing litigation/arbitration and enforcement of costs orders
Ratio Decidendi
CPR 83.7 is the governing rule for stays of execution of money judgments; the judge erred in applying CPR 3.1(2)(f). The facts do not establish 'special circumstances' justifying a stay under CPR 83.7. The appeal is allowed and the stay of execution is lifted.
Court Disposition
Appeal allowed
Orders
- Stay of execution ordered by Master Yoxall is lifted
Full Case Text
Judgment text and source record
Sign in to read
Sign in to read the full judgment text
Sign in to read the full judgment text. Downloads and additional research tools may depend on your plan.
Sign in to read the full judgment