CR-2023-007112 - [2024] EWHC 1070 (Ch)

Counsel, at my request, provided me with helpful written submissions on the question of whether a stay in Lebanon would result in time being suspended in this jurisdiction. Mr Lewison took me through the differences between a stay of judgment and of execution, in reliance on Colt Industries v Sarlie (No 2) [1966] 1 WLR 1287 and other authorities, whilst Mr Willson focussed on a lack of distinction between the two.

On closer analysis, it seems to me that the issue does not need to be decided as there is no indication of a formal stay in Lebanon, other than that imposed in April 2023 for the purposes of allowing a decision on the effectiveness of the attempt to pay the judgment debt in Lebanon, which does not affect the running of any limitation period which might apply. Any stay in connection with an appeal would, in my view, be wrapped up in the decision of the appeal court wherein time resets if the appeal is dismissed. It is likely that a stay in a foreign court, being procedural, would not, in and of itself, stop time running in this jurisdiction. That is, however, an argument for another day.