Joy v Joy [2014] EWCA Civ 520 (28 March 2014)

Joy v Joy [2014] EWCA Civ 520 (28 March 2014)

The stay should be lifted to facilitate compliance with the English court's order and not impede efforts to remove the French saisie conservatoire, as no serious prejudice will be caused to the applicant or other parties.

Source-derived case information.

Citation
[2014] EWCA Civ 520
Parties
Applicant: Mr Joy; Respondent: Mrs Joy
Jurisdiction
England and Wales
Judgment Date
28 March 2014
Procedural Posture
Appeal / Interlocutory Application for Stay Pending Appeal
Outcome
Stay lifted; order for delivery up of Bentley motor car to be given effect, subject to French court's order.
Legal Topics
Ancillary Relief, Jurisdiction, Stay of Proceedings, Enforcement of Orders
Family Law Civil Procedure Ancillary Relief Jurisdiction Stay of Proceedings Enforcement of Orders

Source-derived case record

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Parties

Mr Joy

Applicant

Mrs Joy

Respondent

Procedural Posture

Appeal / Interlocutory Application for Stay Pending Appeal

Legal Issues

  1. 1 Whether the stay of the order for delivery up of the Bentley motor car should be continued pending appeal
  2. 2 Jurisdictional challenge to the order for delivery up
  3. 3 Effect of French court's saisie conservatoire on compliance with English order

Ratio Decidendi

The stay should be lifted to facilitate compliance with the English court's order and not impede efforts to remove the French saisie conservatoire, as no serious prejudice will be caused to the applicant or other parties.

Court Disposition

Stay lifted; order for delivery up of Bentley motor car to be given effect, subject to French court's order.

Orders

  • The stay imposed on the order for delivery up of the Bentley motor car is lifted.
  • Compliance with the English order is subject to removal of the French saisie conservatoire by the French court.