Rule 8.48 Stay of recognition proceedings by reason of an appealF1

Northern Ireland

Where recognition or non-recognition of a judgment given in another F2... Contracting State is sought, or is raised as an incidental question in other proceedings, the court may stay the proceedings—

(a)

if an ordinary appeal against the judgment has been lodged; or

(b)

if the judgment was given in the Republic of Ireland, if enforcement of the judgment is suspended there by reason of an appeal.

Annotations

Textual amendments

F1: Rules 8.33-8.63 substituted for rules 8.33-8.48 (25.3.2011 for specified purposes, 1.11.2012 in so far as not already in operation) by The Family Proceedings (Amendment) Rules (Northern Ireland) 2011 (S.R. 2011/64), rules 1, 2(5), Sch. 2
F2: Words in rule 8.48 omitted (31.12.2020) by virtue of The Family Proceedings (Amendment) Rules (Northern Ireland) 2019 (S.R. 2019/235), rules 1(1), 2(26) (with rule 3); 2020 c. 1, Sch. 5 para. 1(1)

Notes on Chapter

Textual amendments

F1: Words in the heading before rule 8.33 omitted (31.12.2020) by virtue of The Family Proceedings (Amendment) Rules (Northern Ireland) 2019 (S.R. 2019/235), rules 1(1), 2(15)(a) (with rule 3); 2020 c. 1, Sch. 5 para. 1(1)

Footnotes

f1: Rules 8.33 - 8.63 substituted by S.R. 2011 No. 64 with effect from 25.03.11