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19 October 2010
Issue: 7436 / Categories: Case law , Judicial line
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Automatic stays

From when should an automatic stay run under CPR 26.4?

From when should an automatic stay run under CPR 26.4?

It may be several months from when the allocation questionnaires have been filed before they are judicially considered and it is often futile to run the stay from then.

The court must order a stay with a view to settlement negotiations where all the parties ask for one in their allocation questionnaires (as distinct from its general  power to order a stay for whatever period it considers appropriate, whether or not the parties ask for or agree to one).

What is no longer mandatory is the period of the CPR 26.4 (1) stay. More often than not, it will be for one month (particularly, because automatic stays are currently dealt with through orders made by court staff under the recently extended pilot scheme for staff to make certain orders – see PD51B) but the court has discretion to stay for a longer or shorter period.

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Jurit LLP—Caroline Williams

Jurit LLP—Caroline Williams

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Flint Bishop—Deborah Niven

Flint Bishop—Deborah Niven

Firm appoints head of intellectual property to drive northern growth

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After Woodcock confirmed no general duty to warn, debate turns to the criminal law. Writing in NLJ this week, Charles Davey of The Barrister Group urges revival of misprision or a modern equivalent
Family courts are tightening control of expert evidence. Writing in NLJ this week, Dr Chris Pamplin says there is ‘no automatic right’ to call experts; attendance must be ‘necessary in the interests of justice’ under FPR Pt 25
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