Miles v Walker [1981] JLR 137 (06 November 1981)

A stay of execution of an order for costs may be granted pending appeal where the successful party is resident abroad and substantive matters are still in dispute.

Citation: [1981] JLR 137
Parties: Applicant: Miles; Respondent: Walker
Jurisdiction: Jersey
Judgment Date: 06 November 1981
Procedural Posture: Civil / Application for Stay of Execution Pending Appeal
Outcome: stay of execution granted
Legal Topics: Costs, Stay of Execution, Appeal Procedure

Civil Procedure Costs Stay of Execution Appeal Procedure

Case Brief

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Parties

Miles

Applicant

Walker

Respondent

Procedural Posture

Civil / Application for Stay of Execution Pending Appeal

Legal Issues

1 Whether execution of an order for costs should be stayed pending appeal when the successful party is resident abroad and substantive items remain in dispute on appeal

Ratio Decidendi

A stay of execution of an order for costs may be granted pending appeal where the successful party is resident abroad and substantive matters are still in dispute.

Court Disposition

stay of execution granted

Orders

Execution of the order for costs is stayed pending appeal