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Updates and Commentary on Civil Procedure, by Gordon Exall, Barrister, Kings Chambers
Browse: Home » Stay pending appeal
SEEKING A STAY PENDING AN APPEAL: "GENERALISED ASSERTIONS ARE NO SUBSTITUTE FOR EVIDENCE": COURT REFUSES APPLICATION

SEEKING A STAY PENDING AN APPEAL: “GENERALISED ASSERTIONS ARE NO SUBSTITUTE FOR EVIDENCE”: COURT REFUSES APPLICATION

July 28, 2026 · by gexall · in Appeals, Applications, Civil Procedure, Members Content

This judgment emphasises the point that a party seeking a stay of a judgment cannot obtain this by “generalised assertions”.  There are clear and well established criteria for the court to consider.  A party making such an application must make …

IF YOU WANT A STAY PENDING APPEAL MAKE FULL AND TOTAL DISCLOSURE

March 8, 2015 · by gexall · in Appeals, Applications, Civil Procedure, Costs, Members Content

In Goldsmith -v- O’Brien [2015] EWHC 510 (Ch) Judge Purle QC refused an application for a stay pending appeal. The case is an important reminder of the burden on a party seeking a stay pending appeal. THE CASE The claimant…

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