Stay of proceedings—when can you apply to stay a claim?

The following Dispute Resolution practice note provides comprehensive and up to date legal information covering:

  • Stay of proceedings—when can you apply to stay a claim?
  • The court’s general power to stay proceedings
  • Automatic stays
  • Effect of a stay and imposing conditions
  • Stay to allow for jurisdictional challenges
  • Stay to allow for arbitration
  • Stay to allow for settlement and/or alternative dispute resolution
  • Pre-allocation
  • Stay to allow the parties to take certain procedural steps
  • Stay pending the outcome of other proceedings
  • More...

Stay of proceedings—when can you apply to stay a claim?

This Practice Note considers the question of when court proceedings can be stayed. It identifies scenarios in which a party may apply for a stay of proceedings, including to allow for: a jurisdictional challenge; arbitration; an attempt to settle; related criminal proceedings; an opportunity to comply with a procedural requirement or court order etc. the court may order a stay of proceedings following a consent order or Tomlin Order (CPR 40.6(3)(b)(ii)), where this would further the overriding objective (CPR 3.1(2)(f)) and where CPR 15.11 applies (automatic stays). 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. Guidance is also given on how to lift a stay where a claim has been stayed.

This Practice Note provides guidance on the interpretation and application of the relevant provisions of the CPR. Depending on the court in which your matter is proceeding, you may also need to be mindful of additional provisions—see further below.

There are a variety of occasions when it may be appropriate to seek a stay of a civil claim and/or when the court of its own

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