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Court of Appeal refuses to restrain enforcement of two judgments pending appeal to Supreme Court

By: Colm Scott Byrne BL

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Court of Appeal refuses application for an interim order restraining the enforcement of the two final judgments of the Bulgarian courts pending an appeal to the Supreme Court, on the grounds that: (a) the appellant did not make out any arguable grounds of appeal that would warrant such an order; and (b) it would not be in the interests of justice to grant the order sought even if the Court was wrong that the appellant had not established that there were arguable grounds of appeal.

Murray J (nem diss): Practice and procedure - enforcement of judgments - application for a stay - this was an application for an interim order restraining the enforcement of the two final judgments of the Bulgarian courts pending an appeal to the Supreme Court in reality - Regulation (EU) No. 1215/2012 of the European Parliament and of the Council of 12 December 2012 on Jurisdiction and the Recognition and Enforcement of Judgments in Civil and Commercial Matters (‘the Recast Regulation’) - whether the appellant had arguable grounds of appeal - whether it was in the interests of justice to grant the order sought - application refused.

Note: This is intended to be a fair and accurate report of a decision made public by a court of law. Any errors should be notified to the editor and will be dealt with accordingly.

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