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England and Wales decisions
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Timokhin v Timokhina [2026] EWHC 1194 (KB) (19 May 2026)
The High Court refused stays of enforcement, upheld Part 36 costs consequences, and awarded interest and a payment on account after enforcing Russian judgments.
The High Court refused a stay of enforcement pending appeal or Russian bankruptcy and made Part 36 costs and interest orders after the claimant won recognition and enforcement.
Stay of enforcement refused as greater injustice would be suffered by Century Property if relief delayed; Dr Aldiss' prospects of appeal limited and no evidence he could not recover sums if appeal successful. Costs awarded to Century Property as successful party; standard basis except indemnity for first hearing due to wasted costs from adjournment. Total costs summarily assessed as proportionate and reasonable given complexity and conduct.
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Century Property (Leeds) Ltd v Aldiss & Anor (Consequential matters) [2025] EWHC 1949 (KB) (24 June 2025)
The High Court refused a stay of enforcement, approved pension drawdown steps, and awarded Century Property costs, mostly on the standard basis.
A stay of enforcement is granted until determination of the Dutch annulment proceedings by The Hague Court of Appeal, balancing the risk of inconsistent judgments and realistic prospect of success in the challenge against the prejudice to the Claimant from delay. The Court has no power to order security as a condition of the stay prior to determination of state immunity, as this would constitute an exercise of substantive jurisdiction over a state.
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Republic of Mozambique v Credit Suisse International & Ors (No. 13: Application by Privinvest Companies for Permission to Appeal) [2024] EWHC 3188 (Comm) (10 December 2024)
The High Court refused the Privinvest Companies permission to appeal, holding none of six proposed grounds had a real prospect of success. A conditional stay of enforcement was granted.
The Commercial Court refused the Privinvest Companies permission to appeal after trial, finding none of six proposed grounds had a real prospect of success.
A stay of enforcement is appropriate where enforcement would require the judgment debtor to irreversibly dismantle its business and where the appeal decision on the underlying foreign judgment is reasonably imminent. The existence of a pending appeal alone is not a special circumstance, but the practical inability to pay without catastrophic business consequences, combined with the imminent appeal decision, justifies a stay. However, the stay should be conditional on payment of a substantial sum into court to balance the interests of both parties.
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Motorola Solutions, Inc. & Anor v Hytera Communications Corporation Ltd & Ors [2024] EWHC 149 (Comm) (19 January 2024)
The Commercial Court granted a conditional stay of enforcement of an English judgment pending a US appeal, requiring US$25 million to be paid into court.
Arif v Sanger [2022] EWHC 236 (QB) (08 February 2022)
The High Court ordered the claimant 75% of his costs after appeal and cross-appeal, fixed an interim payment of £32,436, and continued stays on enforcement pending permission to appeal.
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