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Is is possible for a claimant to apply for a stay of civil proceedings under Practice Direction 26.4.2b and if so does this require a letter, completion of a form or the drafting of an order?
What precisely do you need to know in relation to this general enquiry? The action is only just being started.
Is this a small claim?
Have you filled the allocationquestionnaire in yet?
Will the other side agree tothis?
Not a small claim. I have not completed the allocation questionnaire yet. I doubt the other side will agree and they are not communicating with me.
There is no 26.4.2 B.
There is a 26.4.2 A
if both parties agree eitherin the allocation questionnaire or by letter, then under 26.4.2, the court cangrant it.
Under 26.4.2 A court cangrant it if the court considers that it is appropriate in which case, thatwould need to be an application on notice and you would need to give the otherside notice of the application and they may object although I cannot see whythey would object as it delays the matter.
However if the other side arenot communicating with you I cannot see why firstly you would want to apply fora stay secondly why you would ask for it.
At this stage, I would beinclined to simply fill in the allocation questionnaire and ask for the onemonth stay and see what the defendant comes back with.
Does that answer thequestion? I am happy to answer specific points.
Can I help further?
Reasons for being concerned about not requesting a 3 month stay
Reasons for not being concerned perhaps
I fear that a one month stay might expose me to the prospect of meeting the defendant’s costs even if I win. I did ask the defendant to agree to the stay via email but have received no response.
Do I need to worry if I lift the stay after one month if they attempt to waste time?
Have you actuallyissued proceedings?
If not have you askedthe proposed defendant to enter into a standstill agreement whereby they do notraise limitation as a defence.
You can do that ifthey agree and it is usual to agree 30 days notice by either party.
You cannot ask for astay until you issue proceedings. The process in that case is the standstillagreement.
You cannot lift thestay on 14 days notice unless that is what it says in the court order.
To be honest, I amnot altogether certain what your concern is or why you want to stay proceedings.
Thank you. I am submitting the claim form tomorrow.
My concern is that even if I win the judge will find me liable to the defendant's costs because I did not follow the Pre Action Protocol. Having to issue now means I do not have time.
I do not have time to ask the defendant anything as they do not respond anyway.
I will research a standstill agreement. I would need to ask the judge to start proceedings if they were not happy with a standstill agreement. Involving the defendant is impossible as they do not respond.
I will write the court order so it will say 14 days notice. I would like to give them 7 days but I do not want to appear to hard in case the court takes a dim view.
Any view reference the prospect of having to pay the defendant's costs if I simply issue would be appreciated. I like the idea of the one month stay and presumably I can extend that as required if defendant cooperates reasonably. I think I need to issue because otherwise this will go on for months. It has already caused huge damages and they are mounting quickly.
When does limitationexpire?
How much is the claimworth and what is the general gist of it?
Remember that you canalways issue proceedings now and serve them later.
Is there any reasonwhy you would have to pay the defendant's costs do you think? Are you likely towithdraw from proceedings or you simply thinking because you have not compliedwith the protocol? Bearing in mind that limitation is approaching why have younot dealt with this before?
I do need the fullbackground please. It is very difficult to answer hypothetical questions andfacts served in dribs and drabs.
Limitation period expires within days.
Damages will be substantial
Civil claim breach of contract and libel
No there is no possibility of withdrawing from the proceedings. The only possibility of paying defendants costs would be the protocol.
Because I have been preparing the case and trying to make progress with the defendant thinking it was obvious not being aware of the full facts that only became available a month ago. Both took 12 months. I did not realise there was a limitation period until just a few weeks ago. I had been so busy focusing on the documentation and before that trying to find a resolution. As it happens that may be fortunate as recent news has improved my case though it was always solid anyway. I wanted to avoid court action if possible though if I had known then what I know now I would not have waited.
You do know thatthere is a 12 month time limit for defamation claim but six years for breach ofcontract don't you? http://www.thompsons.law.co.uk/ltext/defamation.htm
if you have notissued, why is there no possibility of withdrawing from the proceedings?
I really need thefull background from start to finish.
Thank you. I have just discovered what you meant and your comments now make sense. I have four months to serve the claim form from the date of its issue and until that time I can apply for an extension. However the defendant can at any time require me to serve the claim form. That means a stay is not necessary because I can just delay service of the claim form. I guess I can make the court aware of my intention to only serve the form once I am satisfied I have given the defendant enough time to respond to the Letter of Claim etc. I assume that if the defendant at any time requires me to serve the claim form they are effectively saying they no longer want time to settle pre hearing?
Thank you. Your answers were very good. It just took me a little time to understand them. Although it appears as if I am asking another question above, in fact I am not. Sorry about that. I will ask another question if it is a good one.
That was I was getting to , I just wanted to be sure of the facts.
You can tell them that you are issuing protective proceedings as limitation is approaching if you wish. They could of course ask you to serve or it might wake them up. Regards
I will state that I am prepared to be reasonable and give them time to respond and reach a settlement if they are expeditious and make genuine efforts. I will state that if they do ask me to serve then it will be taken as confirmation that they do not want any more time to negotiate and that they recognise that I will have done everything I could in the circumstances to attempt to meet the objectives of the pre action protocol at least.
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