Stay of Proceedings in UK Law

Leading Cases
  • Spiliada Maritime Corporation v Cansulex Ltd
    • House of Lords
    • 19 November 1986

    (1) The basic principle is that a stay will only be granted on the ground of forum non conveniens where the court is satisfied that there is some other available forum, having competent jurisdiction, which is the appropriate forum for the trial of the action, i.e. in which the case may be tried more suitably for the interests of all the parties and the ends of justice.

    But the underlying principle requires that regard must be had to the interests of all the parties and the ends of justice; and these considerations may lead to a different conclusion in other cases.

  • Donohue v Armco Inc. and Others
    • House of Lords
    • 13 December 2001

  • MacShannon v Rockware Glass Ltd
    • House of Lords
    • 26 January 1978

    He must satisfy the court that the continuance of the action would work an injustice because it would be oppressive or vexatious to him or would be an abuse of the court in some other way, that expression being understood in a broad and reasonable sense and without any necessary moral connotations, and also that the stay would not cause an injustice to the plaintiff. He must satisfy the court that the continuance of the action would work an injustice because it would be oppressive or vexatious to him or would be an abuse of the court in some other way, that expression being understood in a broad and reasonable sense and without any necessary moral connotations, and also that the stay would not cause an injustice to the plaintiff. He must satisfy the court that the continuance of the action would work an injustice because it would be oppressive or vexatious to him or would be an abuse of the court in some other way, that expression being understood in a broad and reasonable sense and without any necessary moral connotations, and also that the stay would not cause an injustice to the plaintiff. He must satisfy the court that the continuance of the action would work an injustice because it would be oppressive or vexatious to him or would be an abuse of the court in some other way, that expression being understood in a broad and reasonable sense and without any necessary moral connotations, and also that the stay would not cause an injustice to the plaintiff.

  • Spiliada Maritime Corporation v Cansulex Ltd
    • House of Lords
    • 19 November 1986

  • De Dampierre v de Dampierre
    • House of Lords
    • 02 April 1987

  • The Atlantic Star; Atlantic Star (Owners) v Bona Spes (Owners)
    • House of Lords
    • 10 April 1973

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Legislation
  • Contracts (Rights of Third Parties) Act 1999
    • UK Non-devolved
    • January 01, 1999
    ... ... ) Subsections (2) to (5) apply where, in reliance on section 1, proceedings for the enforcement of a term of a contract are brought by a third party ... ...
  • The Family Procedure Rules 2010
    • UK Non-devolved
    • January 01, 2010
    ... ... ' Courts (Enforcement or Variation of Orders Made in Family Proceedings and Miscellaneous Provisions) Rules 2011 (S.I. 2011/1329), rules 1, 50-53, ... part of any proceedings be dealt with as separate proceedings;(g) stay(GL) the whole or part of any proceedings or judgment either generally or ... ...
  • Supreme Court of Judicature Act 1873
    • UK Non-devolved
    • January 01, 1873
    ... ... and of no effect, but without prejudice to the validity of any proceedings which may in the meantime have been taken under the same. S-22 ... directing a stay of proceedings in any cause or matter ... pending before it if it shall ... ...
  • Bankruptcy Act 1883
    • UK Non-devolved
    • January 01, 1883
    ... ... I ... Proceedings from Act of Bankruptcy to Discharge. Part I ... Proceedings from Act of ... debt, the Court may, if it thinks fit, stay or dismiss the petition on ... the ground that an appeal is pending from ... ...
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Books & Journal Articles
  • The Restriction of the Power of the Courts to Stay Proceedings in Favour of More Appropriate International Courts: The Decision in Owusu v Jackson
    • No. 2-1, January 2012
    • Southampton Student Law Review
    • Surekha Rodrigo
    • 59-64
    The judgment in Owusu v Jackson has provided an answer to the controversy over whether courts of EU Member States have discretion to stay proceedings in favour of courts of non-Member States. Speci...
  • Appeal Dismissed: English Courts on Foreign Judgments
    • No. , August 2018
    • African Journal of International and Comparative Law
    • 477-480
    ... ... of litigation in Ethiopia, in 2010 the Appellants brought proceedings in England, alleging that the Ethiopian judgments had been obtained by ud. The Respondents applied to the English High Court for a stay of proceedings on the ground that England was not a convenient forum, ... ...
  • Abuse of Process: Time for Change?
    • No. II, January 2015
    • Dundee Student Law Review
    • Kerri Montgomery
    • 1-14
    ... ... of abuse of process is used by the courts to control criminal proceedings. It is the discretionary power of the court to stay proceedings which it ... ...
  • ‘Paedophile Hunters’, Criminal Procedure, and Fundamental Human Rights
    • No. 47-3, September 2020
    • Journal of Law and Society
    ‘Paedophile hunters’ have attracted global media attention. The limited literature on paedophile hunters, which documents their emergence in contemporary liberal democracies, pays scant attention t...
    ... ... This could jeopardize subsequent criminal proceedings. As Smith explains, the integrity of the trial process may be compromised ... is a greater reluctance for courts to exercise their discretion to stay proceedings as an abuse of process where an accused is entrapped by a ... ...
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Law Firm Commentaries
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Forms
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