IN THE COURT OF APPEAL (CIVIL DIVISION)
APPLICATION FOR A STAY OF EXECUTION
Strand London WC2 Friday, 20th July 2001 |
||
B e f o r e :
____________________
BARKER | ||
Applicant | ||
- v - | ||
FULLER t/a Strood Motor Co & Maingate Motor Co | ||
Respondent |
____________________
Smith Bernal Reporting Limited, 180 Fleet Street,
London EC4A 2HD
Tel: 0171 421 4040
Official Shorthand Writers to the Court)
MR M WHALAN (Instructed by Leigh Williams of Chislehurst, Kent) appeared on behalf of the Respondent
____________________
Crown Copyright ©
"Unfortunately at the time no consideration was given to the cost order which had been made under the Judgment and as Counsel states in his skeleton argument in support of the current Application it was not appreciated that whilst the money Judgment had been satisfied there was an outstanding assessment of costs."
"Unless -
(a) the appeal court of the lower court orders otherwise .....
an appeal shall not operate as a stay of any order or decision of the lower court."