Stay of proceedings—when can you apply to stay a claim?


Published by a ³ÉÈËÓ°Òô Dispute Resolution expert
Practice notes

Stay of proceedings—when can you apply to stay a claim?


Published by a ³ÉÈËÓ°Òô Dispute Resolution expert

Practice notes
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Article Summary

This practice note provides guidance to legal practitioners on when court proceedings can be stayed and how to lift such a stay. It identifies scenarios where a party may apply for a stay, including to allow for jurisdictional challenges, arbitration, settlement attempts, compliance with procedural requirements, and pending related proceedings. The court has a general power to order a stay under its case management powers in CPR 3.1(2)(f), which should be exercised in accordance with the overriding objective. A stay can also arise automatically under CPR 15.11 where no defence or admission is filed within the specified period. The court can impose conditions when ordering a stay. When lifting a stay, the court will consider factors like any prejudice caused by delay and whether proper grounds are shown. Practical tips are provided, like seeking stays by consent where possible, and keeping the length of any stay under review. The note also highlights some additional provisions in certain court guides that may be relevant. Overall this practice note assists practitioners by setting out the key principles and procedural rules relating to stays of proceedings, and by providing practical guidance on factors to consider when seeking or responding to an application for a stay.
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Jurisdiction(s):
United Kingdom
Related legal acts:
Key definition:
to stay definition
What does to stay mean?

to halt proceedings, apart from taking any steps allowed by the Rules or the terms of the stay—proceedings may be continued if a stay is lifted;

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