The following Dispute Resolution practice note provides comprehensive and up to date legal information covering:
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 (Rule 40.6(3)(b)(ii) of the CPR), 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 volition might decide to do so. These include situations where:
a party wishes to
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Dividends involve a distribution of cash or a distribution of non-cash assets (known as a distribution in kind or a distribution in specie).A scrip dividend (in a tax context, sometimes referred to as a stock dividend) allows a shareholder to receive new shares in a company as an alternative to a
Express and implied contractual terms distinguishedContractual terms may be either express or implied:•express terms—are terms which are actually recorded in a written contract or openly expressed in an oral contract at the time the contract is made (or there may be a combination of written and oral
This Practice Note identifies the main torts (bar negligence and nuisance, which are covered elsewhere in our related content) and their key characteristics. Specifically:•trespass to land•trespass to the person•privacy/defamation•liability for animals•employers' liability•product
This Practice Note considers the doctrine of forum non conveniens, also referred to as the appropriate forum or the proper place for a dispute to be determined. This doctrine is of relevance when determining whether the courts of England and Wales have jurisdiction to hear a dispute and is applied
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