Stay of Proceedings in UK Law
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Donohue v Armco Inc. and Others
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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.
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MacShannon v Rockware Glass Ltd
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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.
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R (H) v Ashworth Hospital Authority and Others; R (Ashworth Hospital Authority) v Mental Health Review Tribunal for West Midlands and North West Region and Others
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In Avon, Glidewell LJ said that the phrase "stay of proceedings" must be given a wide interpretation so as apply to administrative decisions. In my view, it should also be given a wide interpretation so as to enhance the effectiveness of the judicial review jurisdiction. That would indeed be regrettable, and, if correct, would expose a serious shortcoming in the armoury of powers available to the court when granting permission to apply for judicial review.
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Spiliada Maritime Corporation v Cansulex Ltd
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(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. For example, it would not, I think, normally be wrong to allow a plaintiff to keep the benefit of security obtained by commencing proceedings here, while at the same time granting a stay of proceedings in this country to enable the action to proceed in the appropriate forum.
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The Atlantic Star; Atlantic Star (Owners) v Bona Spes (Owners)
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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.
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De Dampierre v de Dampierre
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The Family Procedure Rules 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 ......
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Bankruptcy Act 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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Supreme Court of Judicature Act 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 . Transfer ...contained shall disable either of the said Courts from. directing a stay of proceedings in any cause or matter. pending before it if it shall think ......
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Bankruptcy Act 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 the ......
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The Restriction of the Power of the Courts to Stay Proceedings in Favour of More Appropriate International Courts: The Decision in Owusu v Jackson
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...
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Review: Delayed Prosecution for Childhood Sexual Abuse
...... used across the common law world to bring a halt to criminal proceedings for historic sexual abuse where the delay is such as to seriously ... a detailed review of the case law regarding the conditions in which a stay of proceedings for abuse of process will be issued in the relevant ......
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When Will the Conduct of Non-State Actors Give Rise to Entrapment?: R v TL [2018] EWCA Crim 1821
......1(1) of the Criminal Attempts Act 1981 but applied for a stay of proceedings on the basis of an abuse of process due to entrapment. At ......
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Index to Volume 78
......*Statutory footing, placing the Forensic Science Regulator on a 137 *Stay of proceedings 511 *Strict liability food law and Halal slaughter 387 ......
- Stay Of Proceedings In Consequence Of Restructuring Plan
- Implied Horizontal Contract Prompts Stay Of Proceedings S9 AA 1996
- Time Limit For Serving Claim Form Will Not Run During Stay Of Proceedings
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No Stay of Execution or of Proceedings pending Appeal – insufficient evidence provided regarding funds available to judgment debtor
In Catalyst Managerial Services v Libya Africa Investment Portfolio [2015] EWHC 3639 (Comm) the Commercial Court has refused to vary an order requiring the Defendant to make a payment into court of...
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Order to stay proceedings under Section 9 of the Arbitration Act 1996 (rule 62.8)
King's Bench forms for use in cases such as personal injury, negligence and breach of contract.
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Notice of issue in road traffic accident claims
Road Traffic Act (RTA) personal injury forms including the form to contest an RTA claim.......before the 4 month or 6 month period expires. Stay of proceedings only (paragraph 16.2 of Practice. Direction 8B). where a ......
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Notice of Reference relating to the validity of a Blight or Purchase Counter Notice
Lands Chamber (Upper Tribunal) forms including appeals forms.......You may apply for a change in procedure during the course of proceedings by setting out your reasons, confirming that. you have given notice to all ...application promptly for a stay of proceedings, for an extension of time or for other variation of the ......
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Order in the Queen's Bench Division for case and costs management directions in the multi-track (Part 29)
King's Bench forms for use in cases such as personal injury, negligence and breach of contract........ . . STAY OF PROCEEDINGS FOR ADR . . . 2. (a) The proceedings be ......