Drafting note for application for stay under art 30 of Brussels I (recast)
Produced in partnership with St Philips Chambers
Drafting note for application for stay under art 30 of Brussels I (recast)

The following Dispute Resolution precedent Produced in partnership with St Philips Chambers provides comprehensive and up to date legal information covering:

  • Drafting note for application for stay under art 30 of Brussels I (recast)

This Precedent and associated drafting notes are for use in proceedings commenced in the courts of England and Wales at any time provided that the related proceedings in the EU Member State court were commenced on or before 31 December 2020 and the transitional provisions for jurisdiction in Articles 67 or 69 of the Withdrawal Agreement have been met.

Brexit: The UK's departure from the EU has implications for practitioners considering which courts have jurisdiction. For guidance, see Practice Note: Brexit post implementation period—considerations for dispute resolution practitioners including, in particular, main section: Jurisdiction..

Introduction

The application should be made using Application notice: Form N244

Application notice (Form N244)

If in the Commercial Court, the relevant court form is Application notice-Commercial Court: Form N244CC.

Application notice (Form N244CC)

Related precedents

For a precedent witness statement to support the application, see Precedent: Witness statement in support of application for stay under art 30 of recast Brussels Regulation.

For a precedent order, see Precedents: Court order for an application to stay proceedings under art 30(1) of Brussels I (recast) or Court order for an application to stay proceedings under art 30(2) of Brussels I (recast).

General points

The application should be made within the time allowed under CPR 11 for disputing jurisdiction. Note: in the Commercial Court this period is extended by CPR 58.

These drafting notes are to be used in conjunction with Form N244 and are

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