GLOSSARY

Stay definition

What does Stay mean?

A stay involves halting the whole or any part of proceedings, generally to allow time for something to happen. It is ordered following an application by a party or the court acting on its own initiative. A stay can be lifted, allowing proceedings to continue.

Dispute Resolution

A court may order a stay of proceedings which puts a halt or ‘stay’ on the conduct of the proceedings to either a part or whole of a claim.
The order is generally to allow time for something to happen in accordance with the court’s objective to ensure cases are dealt with in a just and reasonable manner (CPR 1.1(2)). Situations where such an order may be made are where: a party wishes to challenge the court's jurisdiction; a party wishes to refer the dispute to arbitration; the parties wish to try to resolve the dispute through settlement; or there are related criminal proceedings. A stay may be general or for a set period of time (for example under CPR 26.4). It is ordered following an application by a party or the court acting on its own initiative. A stay can be lifted, allowing proceedings to continue. Either party may apply to the court to lift the stay under the court's case management powers.

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