05 March 2009

Issue: 7359 / Categories: Case law , Procedure & practice , Judicial line , In Court

Acceptance stay 719

CPR 36.11 provides that if a Pt 36 offer is accepted, the claim will be stayed...

CPR 36.11 provides that if a Pt 36 offer is accepted, the claim will be stayed. It does not say that the claim will “stand stayed” or that it will be automatically stayed without further order of the court. Does this mean that an order for stay is required?

Literalistic analysis of wording, while commonplace in relation to the former Rules of the Supreme Court and County Court Rules, is not to be employed as regards the CPR (see r 1.2). The purpose of CPR 36.11 is clear and interposing a need for an application and/or an order would not serve the overriding objective.

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Acceptance stay 719

CPR 36.11 provides that if a Pt 36 offer is accepted, the claim will be stayed...

CPR 36.11 provides that if a Pt 36 offer is accepted, the claim will be stayed. It does not say that the claim will “stand stayed” or that it will be automatically stayed without further order of the court. Does this mean that an order for stay is required?

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If you are already a subscriber sign in

...or Register for two weeks' free access to subscriber content

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Acceptance stay 719

CPR 36.11 provides that if a Pt 36 offer is accepted, the claim will be stayed. It does not say that the claim will “stand stayed” or that it will be automatically stayed without further order of the court. Does this mean that an order for stay is required?

CPR 36.11 provides that if a Pt 36 offer is accepted, the claim will be stayed. It does not say that the claim will “stand stayed” or that it will be automatically stayed without further order of the court. Does this mean that an order for stay is required?

MOVERS & SHAKERS

Jurit LLP—Caroline Williams

Freeths—Michelle Kirkland Elias

Flint Bishop—Deborah Niven