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

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

  • Drafting note for application for stay under art 30 of Brussels I (recast)
  • Introduction
  • Related precedents
  • General points
  • Question 3—Order
  • Question 4—Proposed order
  • Question 5—Hearing
  • Question 6 of the application notice—Length of hearing
  • Question 7 of the application notice—Trial date
  • Question 8 of the application notice—Level of judge
  • more

Produced in partnership with Tom Whitehead of Stone Chambers

Brexit: The UK's departure from the EU on exit day, ie Friday 31 January 2020, has implications for practitioners considering jurisdiction. For guidance, see: Cross border considerations—checklist—Jurisdiction—Brexit specific.

Introduction

The application should be made using Application notice: Form N244

Application notice (Form N244)
PDF Format

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

Application notice (Form N244CC)
PDF Format

Related precedents

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

For a precedent order, see: 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 not designed for use with Form N244(CC).

The form should be filled in with the details of the court proceedings eg title of the claim, reference number of the claim (CPR PD 23A, para 2.1).

Question 3—Order

Set out the order you require. This will