Q&As

Do you need to comply with the terms of an order (ie filing documents by a certain date) which you have applied to set aside?

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Published on LexisPSL on 18/09/2017

The following Dispute Resolution Q&A provides comprehensive and up to date legal information covering:

  • Do you need to comply with the terms of an order (ie filing documents by a certain date) which you have applied to set aside?

We have been unable to find authority on the specific point raised in this Q&A. However, see the following.

An order will run from the day it is given, made or a specified future date (CPR 40.7). There is no express provision in the Civil Procedure Rules 1998 (CPR) that provides that the terms of an order are stayed pending an application to set it aside.

In relation to appeals, CPR 52.16 provides that unless the appeal court or the lower court orders otherwise, an appeal shall not operate as a stay of any order or decision of the lower court. Therefore, generally neith

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