Discretion and the grant of a stay of execution

In Gosvenor London Ltd v Aygun Aluminium UK Ltd [2018] EWCA Civ 2695 the Court of Appeal dismissed an appeal from the decision of Fraser J and held that the defendant was entitled to a stay of execution to enforce the decision of an adjudicator, on the ground that the evidence demonstrated that there was a real risk that any subsequent judgment against the claimant would go unsatisfied by reason of the claimant organising its financial affairs with the purpose of dissipating or disposing of the adjudication sum so that it would not be available to be repaid. The Court of Appeal upheld both the formulation of principle by Fraser J and its application to the facts of the present, exceptional case. The case illustrates the discretionary nature of the jurisdiction which is exercised by a court when deciding whether or not to grant a stay and the limited ability of an appellate court to review the exercise of that discretion.