Q&As

Where a stay has been ordered in accordance with paragraph 5.7 of the pre-action protocol for low value claims, if the stay has no end date is it an indefinite stay or is there a 12-month timescale on it? Do we have to serve a copy of this stay on the defendants and within what time frame?

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Published on LexisPSL on 09/07/2019

The following PI & Clinical Negligence Q&A provides comprehensive and up to date legal information covering:

  • Where a stay has been ordered in accordance with paragraph 5.7 of the pre-action protocol for low value claims, if the stay has no end date is it an indefinite stay or is there a 12-month timescale on it? Do we have to serve a copy of this stay on the defendants and within what time frame?

Where a stay has been ordered in accordance with paragraph 5.7 of the pre-action protocol for low value claims, if the stay has no end date is it an indefinite stay or is there a 12-month timescale on it? Do we have to serve a copy of this stay on the defendants and within what time frame?

Where compliance with either the Pre-Action Protocol for Low Value Personal Injury Claims in Road Traffic Accidents or Pre-Action Protocol for Low Value Personal Injury (Employers' Liability and Public Liability) Claims is not possible before the expiry of the limitation period, the claimant may start proceedings in accordance with CPR PD 8B and apply to the court to stay (ie suspend) the proceedings while the parties take steps to follow the relevant protocol.

The claimant must send the claim form together with the order imposing the stay to the defendant. CPR PD 8B, paras 16.1–16.7 are silent on the timescale for sending the claim form and order. For general guidance on complying with court orders, see Practice Note: Judgments and orders—service, compliance, interpretation.

Under CPR 3.1(2)(f), the court may stay the

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