Request stay of proceedings?

[Thomas_P]

Hi

I intend to bring a claim against the police for:-

Misfeasance in office
Trespass
Damages

I am on the 11th hour with the claim and have not yet started the pre-action protocol! Having looked at the pre-action protocol for professional negligence, I note that it provides a total of 3 months and 21 days in which to provide a full response to the intended claim, which would take it well past the limitation period.

I note that I can issue the claim and then apply for a stay of proceedings in order to allow the pre-action protocol to be completed; however, I cannot seem to find any information about this? I assume I would use form N244 to request the stay and simply detail therein the reasons for the request (i.e. to allow time for the pre-action protocol to be completed)? I can't seem to find out what the fee would be for the application?

I have also looked at standstill agreements, which seems to be just an agreement between the parties and so would not carry any fee; is this correct? This would obviously be preferable, but I do not trust the police and so am concerned about using this method. Any thoughts?

Many thanks.

[Thomas_P]

Hi

Just wondering if anybody can assist with this?

Thanks.

[Thomas_P]

Hi

Would really appreciate it if somebody is able to assist with this?

Many thanks.

[des8]

I don't think a standstill agreement is the way to go as CPR requires a stay of proceedings.
If applying with consent of defendants the cost of N244 is £100, but £255 without consent

If you are on low income you may qualify for remission of fees (https://www.gov.uk/government/public...-tribunal-fees)

[Thomas_P]

Hi DES8

Thanks for your reply and the information.

In regard to standstill agreements - it was my understanding, from research, that these are quite common now when a Claim is close to the limitation period, as it is a way of agreeing to stop time and allow for the parties to complete the pre-action protocol with a view to resolving the issue without court proceedings or, failing this, ensure that the parties are fully informed of the full details of the Claim and defence prior to bringing it to court. It was my understanding that the necessity to request a stay would only apply if the Claimant chose to issue the claim prior to completing the pre-action protocol. Is this not correct?

Thanks

[des8]

Standstill agreements are contracts and need to be drafted correctly to be water tight.
You are up against police lawyers and they will possibly drag out the drafting and signing of the written contract.
IMO it is much safer for a LiP to obtain a court order for a stay

[Thomas_P]

Ok, thanks. I was gong to try to obtain a copy of the draft standstill agreement from Practical Law website and 'tweak' it so that I could provide the initial draft to the police, but I understand your thinking with this