Good Morning A.J.
I had read CPR 52 and was hoping for some more meat on the bone or case that or two that may assist
I had already have asked other side to stay proceedings as you suggest but they refuse. As you know they don't have to and CPR 52.7 says an appeal does not act as stay so that is why on Form N164 it specially asks for reasons why the enforcement should be stayed. I am looking for inspiration as to good reasons that would be acceptable by the court. I would expect that telling them I don't have the money will not suffice!
Also I understood the appeal time runs from the date of service of the court order [CPR 27.11(2) -is that correct?
AJ, thanks. Just focusing on the appeal time for now as J/ment was 6th of November. I need to get this absolutely correct and would rather do it in time than asking the court favours out of time.I have read 52.4 but does it matter it was small claims track-that is why I am using Form N164. When I rang court they said 14 days after date of j/ment. I know they do not give advice but the clerk deals with these matters every day it seemed pretty confident and I heard him confirm this with a colleague. Please forgive me but I have to ask-are you absolutely sure it's 21 days. Please understand I want you to be right I somehow have a gut feeling it's different in small claims track?
Surely, they can not shorten it without telling me ,the judge would have said so in the original order surely.
Ok,have been away & I will lodge appeal today but still need inspiration on reasons for a stay-any suggestions.Is there any case law that have conatined acceptable reasons or any practice guide?
AJ, too late for all that as 21 days expired yesterday so I did the best I could but one last issue I will apply under for payment by installments under CCR 22 Part 10 but I can not find any time limit on when you can apply-is that correct?