Category: stay of proceedings

Court avers the right to legal proceedings but you may still have to pay up front on existing judgments – Hardwicke Chambers

Posted August 17th, 2020 in chambers articles, construction industry, contracts, damages, negligence, news, stay of proceedings, striking out by sally

‘This case acts as a reminder of the hierarchy to seeking a remedy in construction contracts. The right to legal proceedings in construction contracts is more fundamental than the payment provisions. The payment provisions are superior to the adjudication provisions. However, a party will still have to honour judgment debts in related proceedings.’

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Hardwicke Chambers, 5th August 2020

Source: hardwicke.co.uk

“Stay” no more: the future for possession claims. Practice Direction 55C (and Christmas?) – Falcon Chambers

Posted July 30th, 2020 in civil procedure rules, news, practice directions, repossession, stay of proceedings by sally

‘First it was CPR PD 51Z. Then CPR 55.29. Not to mention Arkin v Marshall [2020] EWCA Civ 620; Hackney LBC v Okoro [2020] EWCA Civ 681; TFS Stores Ltd v Designer Retail Outlet Centres (Mansfield) General Partner Ltd [2020] EWCA Civ 833. Has any other element of civil procedure law, not least one with a mere 5 month lifespan, ever received consideration no fewer than three times by the Court of Appeal? Such is the significance of the coronavirus-related general stay of possession claims.’

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Falcon Chambers, 20th July 2020

Source: www.falcon-chambers.com

Court of Appeal stands firm on stay of landlord possession claims – Wilberforce Chambers

Posted July 30th, 2020 in appeals, civil procedure rules, leases, news, practice directions, stay of proceedings by sally

‘The Court of Appeal has given important clarity and breathing space to commercial and residential tenants in its recent judgment in TFS Stores Ltd v BMG (Ashford) Ltd & Ors [2020] EWCA Civ 833 by confirming that all parts of proceedings involving a claim for possession brought by a landlord are automatically stayed.’

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Wilberforce Chambers, 23rd July 2020

Source: www.wilberforce.co.uk

Towards a New Normal? Possession Claims in the Brave New World – St Ives Chambers

Posted July 30th, 2020 in coronavirus, news, repossession, stay of proceedings by sally

‘The government has confirmed that the stay that has been in place on virtually all possession claims will not be the subject to a further extension.’

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St Ives Chambers, 20th July 2020

Source: www.stiveschambers.co.uk

The End is in Sight – but what then?- St Ives Chambers

Posted July 28th, 2020 in civil procedure rules, coronavirus, news, regulations, repossession, stay of proceedings by sally

‘The stay of possession proceedings (which started on 27 March 2020) comes to an end on 23 August 2020 and the courts and government have been working on plans how to resume possession cases after that date.’

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St Ives Chambers, 24th July 2020

Source: www.stiveschambers.co.uk

No wasted costs order after QC instructed on wrong issue – Litigation Futures

Posted July 28th, 2020 in appeals, news, stay of proceedings, time limits, VAT, wasted costs orders by sally

‘The First-tier Tribunal has refused to grant HM Revenue & Customs (HMRC) a wasted costs order despite its opponents instructing their QC on the wrong issue.’

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Litigation Futures, 23rd July 2020

Source: www.litigationfutures.com

Copyright – Performing Right Society Ltd v Qatar Airways Group QCS – NIPC Law

Posted July 21st, 2020 in airlines, case management, choice of forum, copyright, news, stay of proceedings by sally

‘This was an application by the defendant airline to stay an action for copyright infringement on grounds of forum non conveniens and case management. The action has been brought by the Performing Right Society which alleges that the inflight entertainment systems of the defendant’s aircraft infringe the copyright laws of the countries in which those aircraft are present at any one time. The application came on before Mr Justice Birss on 18 June 2020. He handed down his judgment in Performing Right Society Ltd v Qatar Airways Group QCS [2020] EWHC 1872 on 17 July 2020.’

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NIPC Law, 20th July 2020

Source: nipclaw.blogspot.com

Covid-19 Update: CPR PD51Z Applies to Appeals – Becket Chambers

Posted June 16th, 2020 in appeals, civil procedure rules, coronavirus, news, practice directions, repossession, stay of proceedings by sally

‘London Borough of Hackney v Okoro [2020] EWCA Civ 681

This case follows the Court of Appeal decision in Arkin v Marshall [2020] EWCA Civ 620 which was recently handed down on 11 May 2020.’

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Becket Chambers, 1st June 2020

Source: becket-chambers.co.uk

Can the Covid 19 stay of possession proceedings be lifted? – Arkin v Marshall [2020] EWCA Civ 620 – Park Square Barristers

Posted May 29th, 2020 in coronavirus, news, repossession, stay of proceedings by sally

‘The Court of Appeal have released the judgment in the case of Arkin v Marshall which raised the issue as to whether or not the Covid 19 stay could be lifted.’

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Park Square Barristers, 13th May 2020

Source: www.parksquarebarristers.co.uk

Vos: Covid-19 stay on possession cases includes appeals – Litigation Futures

Posted May 29th, 2020 in appeals, coronavirus, news, repossession, stay of proceedings by sally

‘The automatic stay on possession proceedings during the coronavirus crisis applies to appeals that were underway when the stay took effect, the Court of Appeal has ruled.’

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Litigation Futures, 28th May 2020

Source: www.litigationfutures.com

Not Arkin any more – Nearly Legal

Posted May 12th, 2020 in civil procedure rules, coronavirus, news, practice directions, repossession, stay of proceedings by sally

‘This is the Court of Appeal judgment in the appellant’s challenge to the lawfulness, extent and effect of the stay of Part 55 possession proceedings until 25 June 2020 under Practice Direction 51Z.’

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Nearly Legal, 11th May 2020

Source: nearlylegal.co.uk

Court of Appeal rejects challenge to Covid-19 stay – Litigation Futures

Posted May 12th, 2020 in civil procedure rules, coronavirus, news, practice directions, repossession, stay of proceedings by sally

‘The Court of Appeal has rejected a challenge to the emergency practice direction issued by the Master of the Rolls to stay all possession proceedings for three months in response to Covid-19.’

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Litigation Futures, 11th May 2020

Source: www.litigationfutures.com

Residential Possession Proceedings: Coronavirus Lockdown – 4-5 Gray’s Inn Square

Posted May 12th, 2020 in civil procedure rules, coronavirus, news, practice directions, repossession, stay of proceedings by sally

‘Thus far, the two major steps taken in housing law to address the
current coronavirus (COVID-19) crisis are:
– CPR PD 51Z
– Coronavirus Act 2020 s.3 and Sch.29’

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4-5 Gray's Inn Square, 28th April 2020

Source: www.4-5.co.uk

“Almost as of course”? Injunctions restraining trespass, the stay on possession claims and the decision in University College London Hospitals NHS Foundation Trust v MB – Falcon Chambers

Posted May 7th, 2020 in coronavirus, hospitals, injunctions, news, repossession, stay of proceedings, trespass by sally

‘The current coronavirus crisis has paralysed possession proceedings, by means of the general stay imposed by paragraph 2 of the new practice direction PD51Z. The decision in University College London Hospitals Foundation Trust v MB [2020] EWHC 882 (QB), in which Chamberlain J granted an injunction requiring a hospital inpatient to vacate her ward, therefore sparked surprise and comment.’

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Falcon Chambers, 23rd April 2020

Source: www.falcon-chambers.com

Optimism of the will, pessimism of the intellect – Nearly Legal

Posted May 5th, 2020 in coronavirus, landlord & tenant, news, reports, repossession, select committees, stay of proceedings by sally

‘According to this Inside Housing report of a Housing, Communities and Local Government Select Committee meeting today (4 May), the Housing Minister Robert Jenrick announced prospective measures to avoid a deluge of eviction proceedings at the expiry of the PD51Z stay.’

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Nearly Legal, 4th May 2020

Source: nearlylegal.co.uk

Appeal judges to rule on legality of Covid-19 practice direction – Litigation Futures

Posted April 29th, 2020 in appeals, coronavirus, emergency powers, expert witnesses, housing, landlord & tenant, news, practice directions, repossession, stay of proceedings, ultra vires by sally

‘The Court of Appeal is to rule on Thursday on the power of the Master of the Rolls (MR) to make an emergency practice direction in response to Covid-19.’

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Litigation Futures, 29th April 2020

Source: www.litigationfutures.com

Hearing in biggest ever group litigation to go ahead remotely – Law Society’s Gazette

Posted April 27th, 2020 in causation, class actions, coronavirus, damages, delay, jurisdiction, news, remote hearings, stay of proceedings by sally

‘The High Court has ruled that a hearing related to the biggest class action in history can go ahead remotely, in another sign of judges’ acceptance of a new default position during the coronavirus crisis.’

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Law Society's Gazette, 22nd April 2020

Source: www.lawgazette.co.uk

Section 4 Inheritance (Provision for Family and Dependants) Act 1975: Standstill Agreements – Becket Chambers

Posted December 10th, 2019 in news, stay of proceedings, time limits, trusts, wills by sally

‘Earlier this year the conflicting authorities of Bhusate v Patel [2019] EWHC 470 (Ch) and Cowan v Foreman and others [2019] EWHC 349 (Fam) cast doubt on the use of standstill agreements in respect of claims intended to be brought under section 2 of the Inheritance (Provision for Family and Dependants) Act 1975 (“the Act”). Following the determination of the appeal in the latter case that uncertainty has to a large extent been resolved.’

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Becket Chambers, 4th December 2019

Source: becket-chambers.co.uk

Resolving intractable disputes: best practice – New Law Journal

Posted December 5th, 2019 in dispute resolution, enforcement, financial dispute resolution, news, stay of proceedings by sally

‘Enforcing contractual clauses to mediate, not litigate. Rob Langley, a mediator at North East Mediation Solutions, reports on how new rules are developing.’

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New Law Journal, 27th November 2019

Source: www.newlawjournal.co.uk

High Court cannot stay liquidated company’s Magistrates’ Court case – OUT-LAW.com

Posted November 26th, 2019 in insolvency, jurisdiction, news, stay of proceedings by tracey

‘The High Court in England has ruled that it does not have the authority to stop a criminal trial in another court to protect the creditors of a company in voluntary liquidation.’

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OUT-LAW.com, 25th November 2019

Source: www.pinsentmasons.com