Description
Application for stay of an order for payment on account of costs pending appeal was refused: The applicants applied for a stay of an order for an interim payment on account of costs pending an application for permission to appeal.
The usual rule that a successful party should not be deprived of the fruits of litigation pending an application for permission to appeal applied unless there was a good reason to depart from the rule. The applicants did not have a real prospect of success on appeal. They had failed to show any solid grounds that justified granting a stay. Further, the evidence at trial was that the first applicant had no particular difficulty in making a payment to be held in a special account.