Debtor delays – strategic considerations on debtor appeal

You have obtained judgment against your debtor in the District Court or the High Court and are looking towards your enforcement options, such as bankruptcy or liquidation proceedings. But what if the debtor decides to appeal the decision – can you still enforce the judgment?

Creditors are often surprised to find that, after a successful judgment, there are various mechanisms which the (supposedly impecunious) debtor will use to try and delay enforcement while pursuing an appeal. These include:

• An application for a stay of enforcement of judgment pending appeal under rule 20.10(2)(b) of the High Court Rules and/or Rule 12(3)(a) of the Court of Appeal (Civil) Rules; and/or
• A stay of liquidation proceedings under Rule 31.11(1)(b) of the High Court Rules; and/or