Hotchkiss v C I Knitwear [2000] JRC 160D (09 August 2000)

Hotchkiss v C I Knitwear [2000] JRC 160D (09 August 2000)

A stay of execution is granted provided the Defendant pays the awarded sum into a joint escrow account, balancing the risk to both parties and ensuring the appeal is not rendered nugatory.

Citation
[2000] JRC 160D
Parties
Plaintiff: Plaintiff; Defendant: Defendant Company
Jurisdiction
Jersey
Judgment Date
09 August 2000
Procedural Posture
Application for Stay of Execution Pending Appeal / Post Judgment, Pending Appeal
Outcome
Conditional stay of execution granted
Legal Topics
Stay of Execution, Damages, Appeal, Common Law Duty
Civil Procedure Tort Stay of Execution Damages Appeal Common Law Duty

Case Brief

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Parties

Plaintiff

Plaintiff

Defendant Company

Defendant

Procedural Posture

Application for Stay of Execution Pending Appeal / Post Judgment, Pending Appeal

Legal Issues

  1. 1 Whether a stay of execution should be granted pending appeal
  2. 2 Whether the stay should be unconditional or conditional on payment into escrow

Ratio Decidendi

A stay of execution is granted provided the Defendant pays the awarded sum into a joint escrow account, balancing the risk to both parties and ensuring the appeal is not rendered nugatory.

Court Disposition

Conditional stay of execution granted

Orders

  • Stay of execution granted provided £612,682 is paid into a joint escrow account held in the names of Crill Canavan and Backhurst Dorey & Crane.