Small Claims Tribunals Act 1984 · 2020 Revised Edition · Part 4 · Miscellaneous Provisions
42. Appeal does not operate as stay of execution or enforcement
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An appeal against an order made by a tribunal under section 35 (called in this section a tribunal’s section 35 order) does not operate as a stay of execution or enforcement of that order, unless the tribunal, a District Court or the General Division of the High Court orders otherwise.
tribunal
“tribunal” means a Small Claims Tribunal constituted under section 4 of the State Courts Act 1970;
A stay of execution or enforcement of a tribunal’s section 35 order is subject to such conditions as the tribunal, a District Court or the General Division of the High Court (as the case may be) thinks fit to impose, including conditions as to costs, payment into the tribunal, District Court or General Division of the High Court (as the case may be) or the giving of security.
The General Division of the High Court may order a stay of execution or enforcement of a tribunal’s section 35 order only if —
a District Court has given permission under section 38(2) to appeal against the tribunal’s section 35 order; and
no application was made to the tribunal or any District Court for a stay of execution or enforcement of the tribunal’s section 35 order.
Any order made under this section on an application for a stay of execution or enforcement of a tribunal’s section 35 order is final and is not subject to an appeal.