High Court, in a supplemental judgment, refuses a stay on its determination in the substantive hearing and rules that the plaintiffs will not be required to place monies in escrow/provide security whilst the defendant progresses with its substantive appeal in commercial proceedings, notwithstanding that the possible redemption of the plaintiffs' loans in the interim may cause the defendant unrecoverable loss, as the plaintiffs are the parties most likely to suffer prejudice where third party funders presently willing to lend to them for such redemption might be lost if such a stay is granted.
Supplemental judgment - court's substantive decision delivered on 5th February, 2016 - defendant's application for orders pending final determination of defendant's appeal against court's decision - orders sought to protect defendant's interest should plaintiffs redeem their loans in the interim based on redemption figures determined by court - whether plaintiffs should be required to pay disputed amounts into an escrow account/post security pending outcome of appeals - whether a stay appropriate or a further clog on plaintiff's right of redemption - balancing of interests - whether defendant's appeal might be a 'bargaining weapon' and the stay application a "cynical device" - harm to plaintiffs - legal principles - whether appeal bona fide - balance of convenience test - "clog or fetter" on the borrowers' right of redemption - greater loss from stay would lie on plaintiffs - defendant's application declined - defendant's motive in seeking stays - real intention is to secure ownership of borrowers' secured shareholdings in limited company - findings in substantive judgment reflecting defendant's motivations - proposed undertakings to enable defendant to apply to Court of Appeal for a longer stay - costs - stay on entry and execution until time fixed by rules of court for issue of and disposal of appeal.