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Rule 31.16 Stay of enforcement where appeal pending in state of origin

(1)

A party against whom enforcement is sought of a judgment which has been registered under rule 31.11 may apply to the court with which an appeal is lodged under rule 31.15 for the proceedings to be stayed where —

(a)

that party has lodged an ordinary appeal in the F1... Contracting State of origin; or

(b)

the time for such an appeal has not yet expired.

(2)

Where an application for a stay is filed in the circumstances described in paragraph (1)(b), the court may specify the time within which an appeal must be lodged.

Annotations

Textual amendments

F1

Words in rule 31.16(1)(a) omitted (31.12.2020) by virtue of The Family Procedure Rules 2010 and Court of Protection Rules 2017 (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/517), regs. 1(1), 18(16) (with reg. 26) (as amended by S.I. 2020/1493, regs. 1(1), 8(2)(e)); 2020 c. 1, Sch. 5 para. 1(1)

Notes on Part 31

Textual amendments

F1

Words in Pt. 31 heading omitted (31.12.2020) by virtue of The Family Procedure Rules 2010 and Court of Protection Rules 2017 (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/517), regs. 1(1), 18(2) (with reg. 26) (as amended by S.I. 2020/1493, regs. 1(1), 8(2)(e)); 2020 c. 1, Sch. 5 para. 1(1)