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