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?

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

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