The Court of Appeal has inherent power to stay execution of a judgment that is not itself the subject of an appeal, where the stay is necessary to prevent the appeal from being rendered nugatory. The imminent prospect of personal bankruptcy, where no funds would be available to a trustee to continue the appeal, is a powerful consideration favouring the grant of a stay. Where the appeal is against an interlocutory decision rather than a judgment after trial, the key consideration is whether a stay is required to ensure the effectiveness of orders that might ultimately be made on appeal.
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