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

    If contracting parties agree to give a particular court exclusive jurisdiction to rule on claims between those parties, and a claim falling within the scope of the agreement is made in proceedings in a forum other than that which the parties have agreed, the English court will ordinarily exercise its discretion (whether by granting a stay of proceedings in England, or by restraining the prosecution of proceedings in the non-contractual forum abroad, or by such other procedural order as is appropriate in the circumstances) to secure compliance with the contractual bargain, unless the party suing in the non-contractual forum (the burden being on him) can show strong reasons for suing in that forum.

  • 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

    In the result, it seems to me that the solution of disputes about the relative merits of trial in England and trial abroad is pre-eminently a matter for the trial judge. Commercial court judges are very experienced in these matters. An appeal should be rare and the appellate court should be slow to interfere.

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

    Secondly, in considering whether a stay should be granted the Court must take into account (i) Any advantage to the Plaintiff; (ii) Any disadvantage to the defendant: this is the critical equation, and in some cases it will be a difficult one to establish. Generally this is done by an instinctive process�that is what discretion, in its essence, is. A bona fide advantage to a plaintiff is a solid weight in the scale, often a decisive weight, but not always so.

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

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Legislation
  • 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 ... ...
  • Bankruptcy Act 1869
    • UK Non-devolved
    • January 01, 1869
    ... ... S-7 ... Proceedings in relation to a debtor's summons. 7 Proceedings in relation to a ... alleged by him to be due, and the costs of establishing such debt, stay all proceedings on the summons for such time as will be required for the ... ...
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