Hart & Anor v Large & Ors

Hart & Anor v Large & Ors

A stay of execution was granted on the basis that justice required Mr Large to have the benefit of counsel for the appeal, and that refusal would risk stifling an effective appeal. The stay was limited to the minimum sum necessary to fund the appeal, with the remainder to be paid to the claimants within 14 days.

Parties
Claimant: Mr Chris Hart; Claimant: Mrs Kerry Hart; Defendant: Mr Richard Large; Defendant: Michelmores LLP; Defendant: Harrison Sutton Partnership
Jurisdiction
England and Wales
Judgment Date
07 August 2020
Procedural Posture
Civil / Post Judgment Application for Stay of Execution Pending Appeal
Outcome
Stay of execution granted in part, conditional on payment and undertaking.
Legal Topics
Stay of Execution, Appeal, Costs, Professional Indemnity Insurance
Civil Procedure Stay of Execution Appeal Costs Professional Indemnity Insurance

Case Brief

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Parties

Mr Chris Hart

Claimant

Mrs Kerry Hart

Claimant

Mr Richard Large

Defendant

Michelmores LLP

Defendant

Harrison Sutton Partnership

Defendant

Procedural Posture

Civil / Post Judgment Application for Stay of Execution Pending Appeal

Legal Issues

  1. 1 Whether a stay of execution should be granted pending appeal
  2. 2 Whether refusal to grant a stay would stifle the appeal
  3. 3 Quantum of funds to be retained by the judgment debtor for appeal costs

Ratio Decidendi

A stay of execution was granted on the basis that justice required Mr Large to have the benefit of counsel for the appeal, and that refusal would risk stifling an effective appeal. The stay was limited to the minimum sum necessary to fund the appeal, with the remainder to be paid to the claimants within 14 days.

Court Disposition

Stay of execution granted in part, conditional on payment and undertaking.

Orders

  • Mr Large to pay £86,317 to the Harts within 14 days.
  • Mr Large permitted to retain £37,000 solely for funding the appeal and paying outstanding legal fees.