Lifting a stay

[Pezza54]

Sorry I don't understand your last post

[dinky201]

hows this??

WITNESS STATEMENT OF [YOUR NAME]

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I, [Your Full Name], of [Your Address], make this statement in opposition to the Claimant’s application to lift the stay on the claim that has been stayed since [Date Case was Stayed]. I make this statement from my own knowledge unless otherwise stated and believe the facts contained herein to be true.

1. Introduction 1.1 I am the [Position/Role in the Case, e.g., Defendant/Legal Representative of the Defendant]. 1.2 This witness statement is made in response to the Claimant’s application dated [Date] to lift the stay on proceedings.
2. Background 2.1 The claim was stayed on [Date] due to [reason for the stay, e.g., procedural issues, failure to comply with court directions, agreement of the parties, etc.]. 2.2 Since that time, the Claimant has made no substantive efforts to progress the claim until now, approximately [Number] years later.
3. Test of Appropriateness 3.1 In considering whether to lift the stay, the court must determine whether it is appropriate to do so. Chief Master Marsh’s decision in the 2016/17 case involving the Premier League is instructive on this point. 3.2 In that case, the court considered the significant financial and mental impact on the defendant in deciding whether lifting the stay would be fair and just. 3.3 Similarly, I and/or my business have suffered financial and mental distress due to the prolonged uncertainty caused by this litigation. Lifting the stay now, after such a lengthy period, would cause severe prejudice.
4. Prejudice to the Defendant 4.1 If the stay is lifted, the Defendant will suffer undue hardship due to the excessive delay, including: a) The loss of key evidence and potential witnesses due to the passage of time. b) Increased financial burden in defending a matter that should have been resolved or abandoned. c) Emotional and psychological distress from reopening litigation that has been dormant for [Number] years. d) The additional burden caused by the current cost of living crisis, which has significantly impacted the Defendant’s financial stability and well-being. e) The Defendant has suffered a significant loss of savings since the stay was imposed, further exacerbating the financial difficulty in defending the claim. f) The Defendant's employer has reduced their work hours, further affecting their financial situation and ability to afford legal costs. 4.2 The Defendant has structured financial and business affairs based on the assumption that the litigation was no longer active. Reopening it now would cause unnecessary disruption and injustice. 4.3 The increased cost of legal representation and associated expenses in the current economic climate would place an unreasonable financial strain on the Defendant.
5. Claimant’s Delay and Lack of Diligence 5.1 The Claimant has provided no satisfactory explanation for their failure to progress the case for [Number] years. 5.2 The Claimant’s inaction suggests a lack of genuine intent to prosecute the claim in a timely and responsible manner. 5.3 The Claimant has also failed to comply with legal procedural requirements, including: a) Failing to respond to the Defendant’s CPR 18 request for further information. b) Failing to properly respond to the Defendant’s CPR 31.14 request for disclosure of documents. c) Failing to provide an adequate pre-action letter, further demonstrating their lack of diligence in pursuing this claim.
6. Conclusion 6.1 In light of the above, I respectfully request the court to refuse the Claimant’s application to lift the stay. 6.2 The principles established in Chief Master Marsh’s decision highlight the importance of fairness and preventing undue prejudice to the Defendant. 6.3 Allowing the stay to be lifted after such a long delay would be contrary to the interests of justice, particularly in light of the Defendant’s financial struggles, the broader economic difficulties caused by the cost of living crisis, the significant loss of savings suffered over the past years, and the reduction in work hours imposed by their employer. 6.4 Furthermore, the Claimant’s failure to comply with procedural obligations under CPR 18 and CPR 31.14, along with their deficient pre-action letter, further supports the argument that lifting the stay would be inappropriate and unjust.

STATEMENT OF TRUTH I believe that the facts stated in this witness statement are true.

Signed: _______________________ [Your Name] Dated: [Date]

[Pezza54]

That's very good
Don't forget to put the claim number, claimant and defendant's name, court name on the front page

[dinky201]

Thankyou, will I have to post evidence with the statement?

[Pezza54]

Yes you should send evidence

[dinky201]

If needs be, if and a big if, they lift the stay and I have to file a new new defence, will I be able to do anouther CPR31.14?

[Pezza54]

If the claim has been allocated to the small claims track, cpr 31.14 does not apply
I assume the claimant has applied to lift the stay, as some, if not all, of the documents you originally requested have now been forwarded.
Make a note of the document(s) you still haven't received in case you get asked this question (in response to 5.3 in your ws) at the hearing

[dinky201]

Its not allocatted yet (still not recieved court reponce to their application). as I did CPR18 back then... can I still do with my defence to oppose the lift, file N215 and N244 forms asking "if claim lifted, I ask for the documents"??

[Pezza54]

IMO you're over thinking it
As the claim has yet to be allocated to the small claims track you could make a cpr 31.14 request for the document(s) mentioned in the poc that you still haven't received (if the stay is lifted)

[dinky201]

thankyou, probally am over thinking. just want to know if I still have my tools if in the unlikleness the claim is lifted, but 4.1 of WS shows this disavantage I got because of delay

[Pezza54]

The claimant needs a very good reason to lift a stay. The claimant's solicitor obtaining documents from the creditor shouldn't take more than 4 - 6 weeks and that's being generous

[dinky201]

they had years

I will stick to WS only for now

[dinky201]

got Northampton package today, what is weird is there is no court form or papers, just Debt purchaser evidence (exhibits) nothing else

[Pezza54]

Have you received a copy of the application notice?
Did this package come from the claimant or the court?

[dinky201]

nope just evidence with EXHIBITS print on the bottom of them, package return address is Northampton County Court PO box