Seale Street Devs. Ltd. v Chapman [1992] JLR 243 (03 December 1992)

Seale Street Devs. Ltd. v Chapman [1992] JLR 243 (03 December 1992)

The court's discretion to grant a stay of execution is unfettered and should be exercised if refusing the stay would render a reasonable appeal nugatory and the adverse effects of refusal outweigh the inconvenience of granting the stay.

Citation
[1992] JLR 243
Parties
Applicant: Seale Street Devs. Ltd.; Respondent: Chapman
Jurisdiction
Jersey
Judgment Date
03 December 1992
Procedural Posture
Civil / Application for Stay of Execution
Outcome
stay of execution may be granted at court's discretion
Legal Topics
Stay of Execution, Discretion to Grant Stay, Appeal Rendered Nugatory
Civil Procedure Stay of Execution Discretion to Grant Stay Appeal Rendered Nugatory

Case Brief

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Parties

Seale Street Devs. Ltd.

Applicant

Chapman

Respondent

Procedural Posture

Civil / Application for Stay of Execution

Legal Issues

  1. 1 Whether the court should exercise its discretion to grant a stay of execution pending appeal

Ratio Decidendi

The court's discretion to grant a stay of execution is unfettered and should be exercised if refusing the stay would render a reasonable appeal nugatory and the adverse effects of refusal outweigh the inconvenience of granting the stay.

Court Disposition

stay of execution may be granted at court's discretion