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Discontinuance Stays And Orders Notes

BPTC Law Notes > BPTC Civil Ligitation Notes

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A more recent version of these Discontinuance Stays And Orders notes – written by City Law School students – is available here.

The following is a more accessble plain text extract of the PDF sample above, taken from our BPTC Civil Ligitation Notes. Due to the challenges of extracting text from PDFs, it will have odd formatting:

STAYS

? general power o court may stay:whole OR partof proceedings OR judgmentgenerally OR until specified time / date (r3.1(2)(f))

o = part of court's case management powers o can stay of own motion of an application of any person, regardless of whether a party (SCA 1981 s49(3))

? effect of stay o proceedings remain alive BUT only step that can be taken is application to lift stay

o stayed judgment CANNOT be enforced until stay lifted Stay on failure to file defence

? claim stayed if: (a) at least 6 months expired since expiry of time for filing defence (14 / 28 days if AoS); AND

(b) no D has: i. served or filed an admission; OR ii. filed a defence / counterclaim; AND (c) C has NOT entered or applied for DefJ / SJ (r15.11(1))
? any party may apply for stay to be lifted, using part 23 procedure + giving reasons for delay (r15.11(2), PD 15 para 3) Stay to allow settlement

o how does a stay come about?
(a) parties requestparty may request stay for ADR / settlement in writing when file DQ (r26.4(1))if all parties request a stay ? 1 month stay + court will notify parties in writing (r26.4(2))

(b) court directsif thinks appropriate, court will direct whole / part 1 month stay OR other period (r26.4(2A))

(c) when Part 36 offer accepted (d) frequently ordinary consent order provides for stay (e) Tomlin order - stays proceedings in terms set out in schedule, with liberty to apply

o extension of staycourt may extend until for period / till date as appropriate (r26.4(3))

o requirement to notify if settlement reached

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