Source: All England Reporter
Publisher Citation: [2002] All ER (D) 79 (Mar)
Neutral Citation: [2202] EWCA Civ 275
Court: Court of Appeal, Civil Division
Judge:

Brooke, Laws and Dyson LJJ

Representation Nicholas Dean (instructed by Bhatia Best) for Mrs Woodhouse.
  Jonathan Spicer (instructed by Eversheds) for Consignia plc.
  Colin Challenger (instructed by Collins, Stone & Thompson) for Mr Steliou.
  Paul Russell (instructed by Jacobs) for Ms Compton.
Judgment Dates: 7 March 2002

Catchwords

Practice - Stay of proceedings - Proceedings stayed automatically by operation of rules of procedure - Considerations to be taken into account when determining whether stay should be lifted - CPR 3.9 - CPR PD 51 para 19.

The Case

The automatic stay imposed by para19 of CPR PD51 fell to be treated as a sanction 'imposed for a failure to comply with any rule, practice direction or court order' within the meaning of CPR3.9, and it followed that judges had to take into account the provisions of CPR3.9 when determining whether to lift an automatic stay.

Practice Areas

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