Veka A.G. v T.A. Picot [1999] JLR 306 (14 December 1999)

Veka A.G. v T.A. Picot [1999] JLR 306 (14 December 1999)

The court granted a stay of execution pending appeal, rejecting the more restrictive English approach and applying the principle that a stay should be granted unless the appeal is not bona fide, has no realistic chance of success, or exceptional circumstances exist.

Citation
[1999] JLR 306
Parties
Applicant: Veka A. G.; Respondent: T. A. Picot
Jurisdiction
Jersey
Judgment Date
14 December 1999
Procedural Posture
Civil / Stay of Execution Pending Appeal
Outcome
stay of execution granted
Legal Topics
Stay of Execution, Stay Pending Appeal
Civil Procedure Stay of Execution Stay Pending Appeal

Case Brief

Summary, issues, holding and outcome

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Parties

Veka A. G.

Applicant

T. A. Picot

Respondent

Procedural Posture

Civil / Stay of Execution Pending Appeal

Legal Issues

  1. 1 Whether a stay of execution should be granted pending appeal

Ratio Decidendi

The court granted a stay of execution pending appeal, rejecting the more restrictive English approach and applying the principle that a stay should be granted unless the appeal is not bona fide, has no realistic chance of success, or exceptional circumstances exist.

Court Disposition

stay of execution granted

Orders

  • stay of execution pending appeal