Q&As

Can a party be added to proceedings while a stay of those proceedings is in place, or would the stay need to be lifted for the court to consider an application to add a party to proceedings?

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Produced in partnership with Kayleigh Lindford of Clarke Willmott
Published on LexisPSL on 13/12/2018

The following Dispute Resolution Q&A produced in partnership with Kayleigh Lindford of Clarke Willmott provides comprehensive and up to date legal information covering:

  • Can a party be added to proceedings while a stay of those proceedings is in place, or would the stay need to be lifted for the court to consider an application to add a party to proceedings?

In accordance with the glossary to the CPR, a stay imposes a hold on proceedings. No procedural steps may be taken except for any steps allowed by the rules or the terms of the stay. Proceedings will continue if a stay is lifted. Stays are usually stated to be for a specified period. If you wish to take a step within the period of the stay, you will need to make an application to request that the stay is lifted.

For additional guidance on stays of proceedings and their effect, see Practice Note: Stay of proceedings—when can you apply to stay a claim?

CPR 19 sets out the rules for the addition, removal or substitution of a party. The court’s permission is required to add, rem

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