Tweet
A large number of cases that were stayed by the county courts following the implemnetation of the FSA waiver and beginning of the high court test case had orders attached to them which advised claimants and defendants need contact the courts by a specific date or time period following the final judgment in the Test Case.
Many of these were 14, 21 or 28 days following the Judgment. I'll post some examples in a moment.
We are putting a list of what different courts are doing here What each court is doing with stayed claims. - Legal Beagles
What do you need to do ?
First thing you need to do is dig out your Stay order from the court, and telephone your county court and ask them the status of your claim. Any issues with what the court come back with then please start a thread in here and let us know and we can look further.
If your stay order asks for you to provide a case summary (most that mention this ask the banks to do this) then please make a thread in here and we'll help.
We do not recommend asking for your stay to be lifted or to amend particulars of claim at all at the moment.
We are awaiting some further guidance from the MOJ and powers that be and will keep everyone updated as much as is humanely possible.
Examples of Stay Orders:
Before DISTRICT JUDGE CHAPMAN sitting at Salford County Court
Upon reading the papers in this claim
ON proceedings having been started in the Commercial Court, London on the 27th July 2007 (reference number 2007 Folio 1186) pursuant to agreements made between several of the major banks (including the Claimant) and the Office of Fair Trading ("the Proceedings"); and
ON it appearing that the issues raised in the present action are the same or similar to some or all of those raised in the Proceedings, and
ON it appearing to the Court to be just to stay this claim until the outcome of The Proceedings is known
ordered that:
1) This claim is stayed pending the determination of The Proceedings.
2) Either party may apply at any time, to lift the stay, by application on notice in accordance with the Civil Procedure Rules 1998 Part 23.
3) The stay is without prejudice to any negotiations between the parties about settlement of the claim.
4) Unless the Court has, in the meantime, given further directions, the Defendant shall within 28 days of the ultimate determination of The Proceedings, apply on notice for directions.
5) Because this Order has been made by theCourt without considering representations from the parties, the parties have the right to apply to have the order set aside, varied or stayed. A party wishing to make an application must send or deliver the application to the court (together with any appropriate fee) to arrive within seven days of service of this order.
[Note; further information in relation to the Proceedings likely to be available through the website of the Office of Fair Trading at:
http://www.oft.gov.uk/advice_and_resources/resource_base/market-studies/personal2
Dated 5 September 2007
Many of these were 14, 21 or 28 days following the Judgment. I'll post some examples in a moment.
We are putting a list of what different courts are doing here What each court is doing with stayed claims. - Legal Beagles
What do you need to do ?
First thing you need to do is dig out your Stay order from the court, and telephone your county court and ask them the status of your claim. Any issues with what the court come back with then please start a thread in here and let us know and we can look further.
If your stay order asks for you to provide a case summary (most that mention this ask the banks to do this) then please make a thread in here and we'll help.
We do not recommend asking for your stay to be lifted or to amend particulars of claim at all at the moment.
We are awaiting some further guidance from the MOJ and powers that be and will keep everyone updated as much as is humanely possible.
Examples of Stay Orders:
Before DISTRICT JUDGE CHAPMAN sitting at Salford County Court
Upon reading the papers in this claim
ON proceedings having been started in the Commercial Court, London on the 27th July 2007 (reference number 2007 Folio 1186) pursuant to agreements made between several of the major banks (including the Claimant) and the Office of Fair Trading ("the Proceedings"); and
ON it appearing that the issues raised in the present action are the same or similar to some or all of those raised in the Proceedings, and
ON it appearing to the Court to be just to stay this claim until the outcome of The Proceedings is known
ordered that:
1) This claim is stayed pending the determination of The Proceedings.
2) Either party may apply at any time, to lift the stay, by application on notice in accordance with the Civil Procedure Rules 1998 Part 23.
3) The stay is without prejudice to any negotiations between the parties about settlement of the claim.
4) Unless the Court has, in the meantime, given further directions, the Defendant shall within 28 days of the ultimate determination of The Proceedings, apply on notice for directions.
5) Because this Order has been made by theCourt without considering representations from the parties, the parties have the right to apply to have the order set aside, varied or stayed. A party wishing to make an application must send or deliver the application to the court (together with any appropriate fee) to arrive within seven days of service of this order.
[Note; further information in relation to the Proceedings likely to be available through the website of the Office of Fair Trading at:
http://www.oft.gov.uk/advice_and_resources/resource_base/market-studies/personal2
Dated 5 September 2007
1. This claim be stayed until determination of the proceedings in the High Court.
2.Liberty to either party to apply on notice under CPR 23 to lift the stay.
3. The hearing of any application to lift the stay be reserved to District Judge.
This Order was made of the courts own initiative pursuant to CPR Part 3.3(4). You may apply to set aside, vary or stay the order but such application must be made within 7 days of recieving it.
2.Liberty to either party to apply on notice under CPR 23 to lift the stay.
3. The hearing of any application to lift the stay be reserved to District Judge.
This Order was made of the courts own initiative pursuant to CPR Part 3.3(4). You may apply to set aside, vary or stay the order but such application must be made within 7 days of recieving it.
The Order for Stay ordered that:
1. The claim is stayed until the final decision in the case between the Office of Fair Trading and Abbey National plc and others (Claim No: 2007 Folio No. 1186), including any appeal ("the test case").
2. Within 14 days of the final decision in the test case, the Defendent must file and serve the following:
a) a case summary of not more than 500 words setting out the effect of that decision.
b) Suggested directions for this claim.
3. On receipt of the documents from the Defendant, the court will make further directions.
4. Either party may apply at any time for the stay to be lifted.
1. The claim is stayed until the final decision in the case between the Office of Fair Trading and Abbey National plc and others (Claim No: 2007 Folio No. 1186), including any appeal ("the test case").
2. Within 14 days of the final decision in the test case, the Defendent must file and serve the following:
a) a case summary of not more than 500 words setting out the effect of that decision.
b) Suggested directions for this claim.
3. On receipt of the documents from the Defendant, the court will make further directions.
4. Either party may apply at any time for the stay to be lifted.
On hold with banks needn't worry.
Comment