Stay of Proceedings in UK Law
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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.
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Donohue v Armco Inc. and Others
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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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Spiliada Maritime Corporation v Cansulex Ltd
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De Dampierre v de Dampierre
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The Atlantic Star; Atlantic Star (Owners) v Bona Spes (Owners)
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Contracts (Rights of Third Parties) Act 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 ... ...
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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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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 ... directing a stay of proceedings in any cause or matter ... pending before it if it shall ... ...
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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 ... ...
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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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Appeal Dismissed: English Courts on Foreign Judgments
... ... 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, ... ...
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Abuse of Process: Time for Change?
... ... 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 ... ...
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‘Paedophile Hunters’, Criminal Procedure, and Fundamental Human Rights
‘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 ... ...
- 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) ... ...
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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 ... 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.... ... The case do remain allocated to the multi-track ... STAY OF PROCEEDINGS FOR ADR ... 2. (a) The proceedings be stayed for ... ...