Joy v Joy

Joy v Joy

The stay should be lifted because maintaining it would make it more difficult for the English court's order to be enforced, particularly in light of the French saisie conservatoire, and no serious prejudice would be caused to the husband or other interested parties by lifting the stay.

Parties
Applicant: Mr Joy; Respondent: Mrs Joy
Jurisdiction
England and Wales
Judgment Date
28 March 2014
Procedural Posture
Appeal Family/ancillary Relief / Interlocutory Application for Stay Pending Appeal
Outcome
Stay lifted; order for delivery up of the 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

Case Brief

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Parties

Mr Joy

Applicant

Mrs Joy

Respondent

Procedural Posture

Appeal Family/ancillary Relief / 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 Effect of foreign (French) saisie conservatoire on English court orders
  3. 3 Balance of convenience regarding the location and control of the car

Ratio Decidendi

The stay should be lifted because maintaining it would make it more difficult for the English court's order to be enforced, particularly in light of the French saisie conservatoire, and no serious prejudice would be caused to the husband or other interested parties by lifting the stay.

Court Disposition

Stay lifted; order for delivery up of the 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.
  • The order for delivery up is to be complied with, subject to the French saisie conservatoire being lifted.