header-logo header-logo

19 October 2010
Issue: 7436 / Categories: Case law , Judicial line
printer mail-detail

Automatic stays

From when should an automatic stay run under CPR 26.4?

From when should an automatic stay run under CPR 26.4?

It may be several months from when the allocation questionnaires have been filed before they are judicially considered and it is often futile to run the stay from then.

The court must order a stay with a view to settlement negotiations where all the parties ask for one in their allocation questionnaires (as distinct from its general  power to order a stay for whatever period it considers appropriate, whether or not the parties ask for or agree to one).

What is no longer mandatory is the period of the CPR 26.4 (1) stay. More often than not, it will be for one month (particularly, because automatic stays are currently dealt with through orders made by court staff under the recently extended pilot scheme for staff to make certain orders – see PD51B) but the court has discretion to stay for a longer or shorter period.

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Harneys—Maggie Kwok & George Weston

Harneys—Maggie Kwok & George Weston

Harneys senior leadership appointments

Freeths—Keith Browne & Jim Jordan

Freeths—Keith Browne & Jim Jordan

Freeths strengthens London Construction and Engineering practice with two strategic senior hires

Anthony Collins—Laura Moss

Anthony Collins—Laura Moss

Anthony Collins announces strategic hire to deepen skills base in the social business sector

NEWS
More than 100 teams from the legal and financial services sectors competed in five sports at the 51st Law Society RFC Festival of Sport earlier this month
Part-time status need only be an effective cause of less favourable treatment, rather than the sole cause, the Supreme Court has held in Augustine v Data Cars
Britain’s new acknowledgement that Israel’s occupation is unlawful, and accompanying settlement-goods ban and sanctions, is significant but overdue, argue Danny Friedman KC and Victor Kattan in NLJ this week
New planning fee rises, wider trade union access rights and a service-by-email trap feature in Stephen Gold’s latest Civil Way
Existing defamation law can respond to AI ‘hallucinations’, but allocating responsibility will prove harder where outputs reach users without human intervention
back-to-top-scroll