A v S [1987] JLR 651 (30 November 1988)

A v S [1987] JLR 651 (30 November 1988)

A stay of execution will not be granted on a late application unless there is evidence that execution would make recoupment on a successful appeal improbable.

Citation
[1987] JLR 651
Parties
Applicant: A; Respondent: S
Jurisdiction
Jersey
Judgment Date
30 November 1988
Procedural Posture
Civil / Application for Stay of Execution Pending Appeal
Outcome
application for stay refused
Legal Topics
Stay of Execution, Financial Provision Order, Appeal Procedure
Civil Procedure Stay of Execution Financial Provision Order Appeal Procedure

Case Brief

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Parties

A

Applicant

S

Respondent

Procedural Posture

Civil / Application for Stay of Execution Pending Appeal

Legal Issues

  1. 1 Whether a late application for stay of execution of a financial provision order pending appeal should be granted

Ratio Decidendi

A stay of execution will not be granted on a late application unless there is evidence that execution would make recoupment on a successful appeal improbable.

Court Disposition

application for stay refused