Kent Solicitors

Often, any losing party wishes to appeal the outcome of the case and naturally, does not wish to have to pay over money while that appeal is pending. He would apply for a stay of execution pending the appeal

In these circumstances, the test used either court was to consider whether the money paid over would or could be repaid, if the appeal proved successful

Nowadays, the court says it will simply look at all the circumstances and consider the balance of convenience

Labels: Stay execution appeal