The principles governing stays of judgments (including the requirement for special or exceptional circumstances) apply equally to stays of costs orders. Where an applicant faces a real risk of bankruptcy and irreversible business disruption from enforcement of a costs order, and the respondent would suffer little prejudice from a stay (particularly where the applicant is effectively insolvent), special or exceptional circumstances may be established. The advanced stage of an appeal (heard and judgment reserved) is a relevant factor favouring a stay by limiting its duration.
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