Q&As

Can, and if so how, does a defendant stay a High Court claim, pending resolution of the recovery of costs of a Land Registry claim between the same parties, which was heard in the First-tier Tribunal and which was successful?

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Published on LexisPSL on 30/01/2019

The following Property Disputes Q&A provides comprehensive and up to date legal information covering:

  • Can, and if so how, does a defendant stay a High Court claim, pending resolution of the recovery of costs of a Land Registry claim between the same parties, which was heard in the First-tier Tribunal and which was successful?

Can, and if so how, does a defendant stay a High Court claim, pending resolution of the recovery of costs of a Land Registry claim between the same parties, which was heard in the First-tier Tribunal and which was successful?

The court has the power to stay the whole or part of any proceedings or judgment either generally or until a specified date or event under CPR 3.1(2)(f). This power should be exercised in accordance with the overriding objective of enabling the court to deal with cases justly and at proportionate cost.

A stay of court proceedings can be sought at various stages in the proceedings, including pre-allocation and in the directions questionnaire, and can generally be ordered following an application by the parties or by the court acting on its own initiative.

A stay of court proceedings does not become effective until the court orders it, irrespective of any agreement between the parties to stay the proceedings and seemingly irrespective of whether there is no good reason why the proceedings should not be

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