The threat of winding up proceedings by a judgment creditor does not of itself constitute special circumstances justifying suspension of enforcement of a judgment pending appeal. Where the judgment debtor's inability to pay results from its own deliberate transfer of assets to related companies for no consideration during litigation, and a liquidator could prosecute the appeal with group funding, suspension will be refused. The balance of convenience will weigh against suspension where the debtor offers no security and the recognised public interest in winding up insolvent corporations applies.
The full text is available to signed-in members.