Stays of execution in enforcement
A stay of execution will stop the enforcement process. There are several sets of circumstances under which the court may order a stay.
- When there is an appeal pending against the judgment
- When there are special circumstances making it inexpedient to enforce a writ of control or the applicant is unable to pay
- Where matters have occurred since the date of judgment
- Insolvency and third-party claims
AppealsUnder CPR 52.7, when a defendant appeals a judgment, this does not automatically mean that a stay of execution is granted and they will have to ask the court to grant the stay. This is to allow enforcement to proceed on the principle that the creditor is entitled to the “fruits of the judgment”. If the defendant claims that they cannot afford to make an appeal if they have to pay the judgment first, the court may grant a stay, perhaps with the condition that money is paid into the court first, but only once detailed financial evidence has been provided to corroborate the claim.
Special circumstancesUnder CPR 83.7, the defendant may apply to the court to ask them to order a stay of execution of a writ of control either absolutely or for a specific time period, provided that either:
- That there are special circumstances which render it inexpedient to enforce the judgment or order; or
- That the applicant is unable from any cause to pay the money, then,