Rule 31.16 Stay of enforcement where appeal pending in state of origin
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 —
that party has lodged an ordinary appeal in the F1... Contracting State of origin; or
the time for such an appeal has not yet expired.
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)