“All you need is fraud?”: stays of execution and adjudication enforcement – Practical Law: Construction Blog

Posted November 28th, 2018 in dispute resolution, enforcement, fraud, news, stay of execution by tracey

‘Earlier this year, Fraser J gave a significant judgment in which he: confirmed the circumstances in which fraud could be a successful ground to resist the enforcement of an adjudicator’s decision; developed a new circumstance, or principle, in which a stay of execution of an adjudicator’s decision may be granted. This post focuses on, and analyses in further detail, Fraser J’s so-called “principle (g)”.’

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Practical Law: Construction Blog, 28th November 2018

Source: constructionblog.practicallaw.com

New limb (g) added to Wimbledon v Vago principles and fraud allegations merit stay – Practical Law: Construction Blog

Posted April 9th, 2018 in accounts, fraud, intimidation, news, stay of execution, witnesses by tracey

‘Last week, Fraser J handed down his judgment in Gosvenor London Ltd v Aygun UK Ltd, a case in which the defendant (Aygun) was seeking to resist payment of an adjudicator’s award of around £650,000 on the grounds that a substantial part of the award was allegedly derived from fraudulent invoicing of Aygun. In the alternative, Aygun sought a stay on the basis of fraud, alleged witness intimidation and, most importantly, the entirely unsatisfactory nature of the claimant’s (Gosvenor) statutory accounts for 2016/2017 and the unbelievable explanations given on its behalf as to the contents. This combination of factors led the court to conclude it was unlikely that Gosvenor would repay the adjudicator’s award, were it required to do so following a challenge to the adjudicator’s decision in subsequent TCC proceedings.’

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Practical Law: Construction Blog, 4th April 2018

Source: constructionblog.practicallaw.com

Charlie Gard: Strasbourg Court imposes another stay on Supreme Court ruling to consider parents’ arguments – UK Human Rights Blog

‘Following the Strasbourg Court’s request for interim measures for the UK – which means the hospital may not take Charlie Gard off life support as the Supreme Court has allowed it to do – the Supreme Court arranged a short hearing to take place Monday 19 June, to give directions. The Strasbourg Court has now put in place a further request that treatment and nursing care be continued beyond its original deadline of 19 June (see the press release from Strasbourg here: Gard and Others v. the UK) . This is because that Court has to consider the parents’ application that the case does not just concern Charlie’s right to die with dignity but their rights under Article 8 as his parents to be afforded respect for their decisions as to what is in Charlie’s interests.’

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UK Human Rights Blog, 20th June 2017

Source: ukhumanrightsblog.com

Stay of execution and change of circumstances – Nearly Legal

Posted June 17th, 2016 in news, repossession, stay of execution, trustees in bankruptcy by tracey

‘Hall (Trustee in Bankruptcy of the Estate of Elias Elia) v Elia & Elia. High Court Ch D 10/03/2016.
The Elias, mother and son, applied for a stay of execution of a possession order. The property was owned by the son who was bankrupt. The possession order had been obtained by the trustee in bankruptcy.’

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Nearly Legal, 12th June 2016

Source: www.nearlylegal.co.uk

Regina (NB (Algeria)) v Secretary of State for the Home Department – WLR Daily

Posted August 1st, 2012 in appeals, asylum, judicial review, jurisdiction, law reports, stay of execution by sally

Regina (NB (Algeria)) v Secretary of State for the Home Department [2012] EWCA Civ 1050; [2012] WLR (D) 233

“The Court of Appeal had jurisdiction to grant an claimant, whose claim for judicial review of a removal order had been rejected by Upper Tribunal, a stay of his removal until his application for permission to appeal had been considered by the Court of Appeal.”

WLR Daily, 27th July 2012

Source: www.iclr.co.uk

Dale Farm Travellers seek last-gasp reprieve from eviction – The Guardian

Posted October 17th, 2011 in enforcement notices, news, planning, stay of execution, travellers by sally

“Dale Farm residents are seeking a last-gasp reprieve from eviction by asking for leave to appeal against a decision last week to allow Basildon council to remove 86 families from the Essex Traveller site.”

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The Guardian, 17th October 2011

Source: www.guardian.co.uk

Police bail debate raises legal eyebrows – The Guardian

Posted July 7th, 2011 in bail, bills, detention, legislation, news, stay of execution, Supreme Court by sally

“The supreme court seemed to be exercising powers it does not have when it offered to consider suspending the bail ruling”

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The Guardian, 6th July 2011

Source: www.guardian.co.uk

Admiral Taverns (Cygnet) Ltd v Daniel and Another – Times Law Reports

Posted January 12th, 2009 in housing, law reports, stay of execution by sally

Admiral Taverns (Cygnet) Ltd v Daniel and Another

Court of Appeal

“Any court had jurisdiction to stay the execution of a warrant of possession issued under section 89 of the Housing Act 1980.”

The Times, 12th January 2009

Source: www.timesonline.co.uk

Please note the Times Law Reports are only available free on Times Online for 21 days from the date of publication.

Admiral Taverns (Cygnet) Ltd v Daniel and another – WLR Daily

Posted November 28th, 2008 in housing, law reports, stay of execution by sally

Admiral Taverns (Cygnet) Ltd v Daniel and another; [2008] WLR (D) 366

An appellate court had jurisdiction to stay the execution of a warrant of possession pursuant to s 89 of the Housing Act 1980.”

WLR Daily, 26th November 2008

Source: www.lawreports.co.uk

Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

Admiral Taverns (Cygnet) Ltd v Daniel and another – WLR Daily

Posted July 23rd, 2008 in housing, law reports, stay of execution by sally

Admiral Taverns (Cygnet) Ltd v Daniel and another [2008] EWHC 1688 (QB); [2008] WLR (D) 247

The restriction imposed by s 89(1) of the Housing Act 1980 on postponing enforcement of a possession order only applied to the court which made the order and not to a court exercising appellate jurisdiction in respect of the order.”

WLR Daily, 22nd July 2008

Source: www.lawreports.co.uk

Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.