STAY OF EXECUTION

- SOE from subordinate courts – o 55 r 16

SOE is not automatic. Need to apply to at the 1 st instance where the judgement was given
(magistrates or sessions)
Be made to the presiding officer by oral application or subsequently by NOA and affidavit
If the officer refuses, apps can be made to High Court by OS unless appeal has been
registered at HC. HC have concurrent jurisdiction to grant apps – APPLICATION OF SOE IS
NOT APPEAL.

- SOE from Registrar or Judge in Chamber - o 56 r 1(4)

Apps for order for stay can be made orally to the registrar immediately after the decision
being made. If no oral apps, it can be made by NOA supported by affidavit. If the Registrar
refuses to grant, apps can be made to the Judge in Chamber.

- SOE from HC to COA – s 73 CJA & r 13 ROCA

SOE is not automatic unless order from COA or court below
Apps must be made by motion supported with affidavit – must be made inter parties – apps
can be made orally immediately after the decision or order being made or by summon in
chambers supported by affidavit. If being refused, the application is made by notice of
motion supported with affidavit to the COA.

- SOE from COA to FC – s 102 CJA & r 52 RFC

SOE is not automatic unless it’s an order form COA or FC
Apps must be made immediately and orally or subsequently by way of motion supported
with affidavit – if refused, apply to FC by way of motion supported with affidavit