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


Published by a ½Û×ÓÊÓƵ Dispute Resolution expert
Practice notes

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


Published by a ½Û×ÓÊÓƵ Dispute Resolution expert

Practice notes
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This Practice Note provides guidance on the interpretation and application of the relevant provisions of the CPR when seeking a stay. Depending on the court in which your matter is proceeding, you may also need to be mindful of additional provisions—see: Court specific guidance.

This Practice Note considers the question of when court proceedings can be stayed and how to lift such a stay. It identifies scenarios in which a party may apply for a stay of proceedings, including to allow for:

  1. •

    a jurisdictional challenge in a cross-border dispute

  2. •

    arbitration

  3. •

    an attempt to settle

  4. •

    pending the outcome of other proceedings, including related criminal proceedings

  5. •

    an opportunity to comply with a procedural requirement or court order

In certain situations a Claim may be stayed automatically pursuant to CPR 15.11—see Practice Note: Stay of civil proceedings—automatic stay under CPR 15.11.

For information on staying an order or judgment pending an appeal, see Practice Note: Grounds for appealing and preliminary considerations—Will the terms of the order or judgment

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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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