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Rule 8.54 Stay of enforcement where appeal pending in state of originF1

Northern Ireland

(1)

A party against whom enforcement is sought of a judgment which has been registered under rule 8.50 may apply to the court with which an appeal is lodged under rule 8.53 for the proceedings to be stayed where—

(a)

that party has lodged an ordinary appeal in the F2... 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

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 8.54(1)(a) omitted (31.12.2020) by virtue of The Family Proceedings (Amendment) Rules (Northern Ireland) 2019 (S.R. 2019/235), rules 1(1), 2(31) (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