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19 October 2010
Issue: 7436 / Categories: Case law , Judicial line
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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.

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MOVERS & SHAKERS

DAC Beachcroft—Paul Brehony

DAC Beachcroft—Paul Brehony

Commercial disputes practice expands with partner hire in London

Ward Hadaway—Maria Coster

Ward Hadaway—Maria Coster

Partner appointed to lead family and matrimonial department in Leeds

Slater Heelis—Helen Marsh

Slater Heelis—Helen Marsh

Commercial property team expands in Manchester with partner appointment

NEWS
SRM Recruitment has been announced as the headline sponsor of the Law Society RFC Festival of Sport 2026, which will take place on 20 September at Richmond Athletic Association. The specialist legal search firm joins the event as organisers prepare to welcome more than 110 teams across five sports, including rugby sevens, netball and five-a-side football
The civil justice landscape could be heading for a shake-up, with reform of the Solicitors Act 1974 gathering pace
Global mobility is transforming family law, creating new challenges around jurisdiction, assets and child arrangements
A series of procedural developments could have significant practical consequences for litigators. Writing in NLJ this week, columnist Stephen Gold highlights important updates ranging from digital court reforms to family procedure and admissions of liability
As family structures evolve, the law may face difficult questions about inheritance rights for those in polyamorous relationships
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