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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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stay of proceedings

Resolved Question:

Is it true that a stay of proceedings requested by either party can only be considered at the same time as submitting a completed directions questionnaire? (Part 26.4.1). If not then when would it be appropriate to consider such a request?

Submitted: 3 years ago.
Category: Law
Expert:  Ash replied 3 years ago.
Alex Watts : Hello my name is ***** ***** I will help you with this.
Alex Watts : For now please let me know whether the other side would consent to a stay?
Customer:

So are you saying that a stay can be considered before a Claim Form has been submitted for instance so before the other side receives a Particulars of Claim so for instance once they receive a Letter of Claim? You answer suggests that you are. If so then that is the only answer I require.

Customer:

I await your reply as that will be the answer. Thank you

Alex Watts :

I see. No

Alex Watts :

In that case you just don't issue it

Alex Watts :

Once proceedings have been issued then a claim can be stayed

Alex Watts :

But there is no point staying a claim before it is issued - you just wont issue it

Alex Watts :

Does that clarify?\

Customer:

Actually I think it does. So you are saying that until a Claim Form is issued a case cannot be stayed because it would be pointless. Is that right. It is not a rule but simply common sense.

Customer:

So it is as I thought a stay is only applicable to claims where a Claim Form has been served and not simply a Letter of Claim is pre action

Alex Watts :

Only a claim which has been issued can be stayed

Alex Watts :

If you have not issued a claim then you dont need to issue a claim until there is no resolution

Alex Watts :

Does that help?

Customer:

Yes that is what I wanted to confirm. Thank you.

Alex Watts :

Can I help with anything else today?

Alex Watts :

You need to write and set out your losses and request a refund within 14 days or say you will go to Court within 14 days. You should make sure you send this signed delivery and keep a copy.



If they do not refund you then you can issue proceedings in the County Court. You can either do this online at: www.moneyclaim.gov.uk or by completing form N1 http://hmctsformfinder.justice.gov.uk/courtfinder/forms/n001-eng.pdf and take it to your local County Court.



The Court will then issue a claim which a copy will be sent to the Defendant who will have a limited time to defend it, if not you can enter Judgment and enforce.



If the matter is defended it will be set down for a trial. If the claim is for £10,000 or less it will be a small claim and you will not need representation.



Can I clarify anything for you about this today please?

Customer:

FYI only the additional information is meaningless in relation to my question. I confirmed this simple question was answered at 6.42pm on 6th. The reason I have been slow to rate this is because I am subscribed but this is showing I am to be charged extra for the answer. Despite asking JA for clarification a couple of weeks ago - I have received no answer. Not your fault of course.

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