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Updates and Commentary on Civil Procedure, by Gordon Exall, Barrister, Kings Chambers
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THE AUTOMATIC STAY UNDER CPR 15.11: WAS IT IMPOSED IN THIS CASE? WHAT CRITERIA SHOULD THE COURT CONSIDER WHEN AN APPLICATION IS MADE TO LIFT IT? WAS THE DELAY AN ABUSE OF PROCESS

THE AUTOMATIC STAY UNDER CPR 15.11: WAS IT IMPOSED IN THIS CASE? WHAT CRITERIA SHOULD THE COURT CONSIDER WHEN AN APPLICATION IS MADE TO LIFT IT? WAS THE DELAY AN ABUSE OF PROCESS

December 31, 2025 · by gexall · in Abuse of Process, Applications, Avoiding negligence claims, Civil Procedure, Members Content, Relief from sanctions

If a claimant serves proceedings and then does nothing the rules impose an automatic stay on proceedings. CPR 15.11 states that a stay takes effect from 6 months after the date on which a defence should have been filed. Here…

THE AUTOMATIC STAY AND RELIEF FROM SANCTIONS: AN ISSUE "DESTINED TO LIVE OUT ITS LITIGATION LIFE IN A LIMBO OF OBITER OBSERVATIONS"

THE AUTOMATIC STAY AND RELIEF FROM SANCTIONS: AN ISSUE “DESTINED TO LIVE OUT ITS LITIGATION LIFE IN A LIMBO OF OBITER OBSERVATIONS”

July 12, 2022 · by gexall · in Civil Procedure, Members Content, Relief from sanctions

The judgment of Mr Justice Foxton in Bank of America Europe DAC v CITTA Metropolitana Di Milano [2022] EWHC 1544 (Comm) serves of a salutary reminder (to some) of the existence of the automatic stay in civil proceedings.   A claimant…

CIVIL PROCEDURE BACK TO BASICS 73: THE AUTOMATIC STAY

CIVIL PROCEDURE BACK TO BASICS 73: THE AUTOMATIC STAY

December 2, 2019 · by gexall · in Avoiding negligence claims, Civil Procedure, Members Content

CPR 15,11(2) provides for an automatic stay if nothing happens in an action for six months after service.  This is a rule that can be overlooked.   THE RULE CPR rule 15.11. Sub-paragraph (1) of that rule provides that: “Where…

CIVIL PROCEDURE BACK TO BASICS 64: THE AUTOMATIC STAY (EASY TO FORGET ABOUT)

CIVIL PROCEDURE BACK TO BASICS 64: THE AUTOMATIC STAY (EASY TO FORGET ABOUT)

September 20, 2019 · by gexall · in Avoiding negligence claims, Civil Procedure, Members Content

Here we look at the automatic stay imposed by CPR 15.11. This is one of those rules than can be overlooked and could, if ignored, cause major procedural difficulties. THE RULES “Where – (a) at least 6 months have expired…

BE WARY OF THE AUTOMATIC STAY  - IF YOU SERVE AND DO NOTHING

BE WARY OF THE AUTOMATIC STAY – IF YOU SERVE AND DO NOTHING

November 12, 2017 · by gexall · in Civil Procedure, Members Content

CPR 15,11(2) provides for an automatic stay. The judgment in Citicorp Trustee Company Ltd & Anor v Al-Sanea & Anor [2017] EWHC 2845 (Comm) shows that it is normally not difficult to lift that stay.  The key point is to know…

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