Charles Samek QC (instructed by Michael Wilson & Partners ) for the claimant; Philip Shepherd QC (instructed by Thomas Ian Sinclair) for the defendant.
The defendant had been unsuccessful in its claim brought against the claimant in the Bahamas. The court in the Bahamas had made seven costs orders in favour of the claimant. On 19 October 2014 Master Eyre made a registration order, which registered those judgments as judgments and orders of the Queen’s Bench Division, pursuant to the Administration of Justice Act 1920, CPR Pt 74 and under the Reciprocal Enforcement of Judgements Order 1984. On 9 June 2015, Master Yoxall granted the defendant a stay of execution of the registration order. The claimant appealed on the ground, among others, that the master had erred in the exercise of his discretion. The claimant contended that the master had failed to have regard to and consider the exercise of his discretion to stay the registration order under CPR r 83.7, which contained a stringent test of whether there were “special circumstances” which rendered it inexpedient to enforce a judgment or order. The defendant contended that the CPR r 83.7 was irrelevant and that the master had correctly relied on the wide case management powers contained in CPR r 3.1.
Although Master Yoxall had not said, in terms, what power he had exercised when granting the stay, given that the terms of the defendant’s application notice referred to CPR r 3.1(2)(f), it was reasonable to infer that the master had exercised his discretion under that provision. The discretion under CPR r 3.1 was broad and the registration order was a type of “proceeding or order” within CPR r 3.1(2)(f), which therefore could be stayed under that provision. CPR r 83.7 only applied where a judgment debtor or other party was liable to execution of a writ or control or a warrant. The claimant had not issued any writ of control or warrant. CPR r 83.7 did not apply and the master had been correct to approach the application for a stay under CPR r 3.1(2)(f). The appeal was dismissed.
CPR rr 83.7, 3.1(2)(f)