Q&As

To what extent does an appeal of disclosure provisions within a directions order made at a CMC automatically stay the other directions in that order? What steps can and/or should the party take so as to stay that case management order pending the outcome of the appeal?

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Published on LexisPSL on 12/09/2016

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

  • To what extent does an appeal of disclosure provisions within a directions order made at a CMC automatically stay the other directions in that order? What steps can and/or should the party take so as to stay that case management order pending the outcome of the appeal?
  • Stay of proceedings
  • Extending time

To what extent does an appeal of disclosure provisions within a directions order made at a CMC automatically stay the other directions in that order? What steps can and/or should the party take so as to stay that case management order pending the outcome of the appeal?

Stay of proceedings

In general, neither the commencement of an appeal nor the grant of permission to appeal affects the enforceability of the material judgment below. Therefore, to achieve a stay of proceedings, you will need to apply to the court.

Aside from the prompt nature of appeals in general, given the terms you are most likely to want to stay (eg payment of damages and/or costs) are likely to have tight time limits for compliance, any application seeking a stay of execution pending appeal should be made promptly and most often in the application for permission to appeal within the appellant's notice. For guidance on the application for permission to appeal, see Practice Note: Starting an appeal—general provisions.

When determining an application for a stay, the court will consider whether there are 'solid grounds' for seeking a stay pending the appeal.

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