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Joshua, Lawyer
Category: Law
Satisfied Customers: 29199
Experience:  LL.B (Hons), Higher Prof. Dip. Law & Practice
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If the court issues an order that one objects and can set it

Customer Question

If the court issues an order that one objects and can set it aside,vary or stay do one need a witness statement when applying to set it aside?
What happens after the order is set aside?Is there going to be a hearing?
What is the difference between set aside and stay of proceedings?
Submitted: 8 days ago.
Category: Law
Expert:  Joshua replied 8 days ago.

Hello and thank you for your question. My name is ***** ***** I will be very pleased to assist you. I'm a practising lawyer in England with over 15 years’ experience. Please be aware that although I will endeavour to reply to you promptly, I am also in full time private practice and so I may not be available to respond immediately and it may also take me a few minutes to prepare a reply. The site will notify you as soon as I respond. I look forward to working with you to answer your question fully.

May I clarify please, in the above, are you referring to an order the court has made without a hearing please?

Customer: replied 8 days ago.
it is an order of the court made without hearing on court's own initiative
Expert:  Joshua replied 8 days ago.

Thank you. As you know you can make an application to set aside the order - if the order is granted then following the grant of the order the original order is set aside (cancelled) and a new hearing will convened in order to re-decide the matters that were considered without a hearing.

Effectively the matter is reset back to a point prior to the point the order was made and both parties will have the opportunity to prepare arguments for and against (as appropriate) which will be considered at the new hearing

Customer: replied 8 days ago.
This time it has to be a hearing and cannot be decided on paper?
Is it the same if the stay is put on order?
Is there a need for a witness statement to go with an application to set aside the order?
Expert:  Joshua replied 8 days ago.

Exactly so - a hearing would need to be convened.

A witness statement would normally be included with the application as it is rarely possible to include all the relevant statements and evidence within the application notice itself.