| Commentary

171 Stay of execution

| Commentary

171 Stay of execution

There can be no doubt that the probable inability on the part of the claimant to repay the judgment sum is a ‘special circumstance’ within RSC Order 47, which remains part of the Civil Procedure Rules by operation of Part 50. There are a number of clear principles which should always govern the exercise of the court’s discretion when it is considering a stay of execution in adjudication enforcement proceedings. Those principles can be set out as follows1:

  1. 171.1

        Adjudication (whether pursuant to the Housing Grants, Construction and Regeneration Act 1996 or the consequential amendments to

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