Dynamic Extractions v Keay (EAT) Acted for the Claimant responding to an appeal in relation to an Employment Tribunal's refusal to
stay enforcement of a judgment in the Claimant's favour.
Not exact matches
The parties have been unable to agree upon any
of the matters
of substance, in particular on the form
of and territorial extent
of any injunctive relief, upon the extent
of any Island Records v Tring disclosure (relevant to the election
of an inquiry as to damages or an account
of profits), upon whether and if so in what form there should be an order for publicity
of the
judgment as an
enforcement measure, upon the appropriate basis and order as to costs, upon whether the Claimants» costs should be reduced by reason
of the fact that for a period an exclusive licence was not registered, upon the extent
of any CPR 31.22 order in relation to alleged confidential information, upon whether there should be permission to appeal and upon whether there should be a
stay pending any appeal.»
The filing
of a Chapter 7, 13 or 11 bankruptcy petition initiates an automatic «
stay» which will immediately stop collections efforts by creditors, the
enforcement of judgments, or foreclosure on real property.
When the plaintiffs moved for an interlocutory
judgment staying enforcement of the mortgages, the matter was reported to LAWPRO.
If a foreign
judgment is the subject
of appeal in that jurisdiction, the English courts are likely to grant a
stay on
enforcement proceedings pending the outcome
of that appeal.
If proceedings are ongoing in an English court between the parties at the time when one
of the parties seeks recognition or
enforcement of a foreign
judgment on the same issue (s), the English court is likely to
stay the English proceedings until the
judgment creditor's claim for recognition and
enforcement has been determined.
A court
of a Member State in which recognition is sought
of a
judgment given in Ireland or the United Kingdom may
stay the proceedings if
enforcement is suspended in the Member State
of origin by reason
of an appeal.
Mr. Moloney applied for an order
staying enforcement of the 1996
judgment and
staying the suspension
of his driving and motor vehicle registration privileges.
As a result
of the
judgment, the defendant declared bankruptcy, which had the effect
of automatically
staying the
enforcement of the million dollar
judgment against him.
The plaintiff brought a motion to lift the
stay and for declarations that the
stay did not operate with respect to
enforcement of judgment, that the
judgment was an award
of damages for bodily harm intentionally inflicted pursuant to s. 178 (1)(a. 1)
of the BIA, and that the
judgment survived bankruptcy and was not a debt released by order
of discharge.