N244 - Request stay of proceedings

[Thomas_P]

Hi

I'm in the process of completing an N244 to request a stay of proceedings to allow for the pre-action protocol to be carried out and am looking for some assistance with this.

I have sought the other party's agreement to the stay and have received this in the form of e-mail correspondence.

My queries are:-

Under "What order are you asking the court to make and why?" I have stated "A stay of proceedings to allow for pre-action protocol to be completed."...is this sufficient?

Do I have to attach a draft of the order I am seeking?

As I have agreement of the other party, is it correct that I can request the application be dealt with without a hearing?

Is it correct that I do not need to enter the level of judge required, as I am requesting that it be dealt with without a hearing?

Do I still enter details of the other party to be served even though they have agreed to the stay?

Under "What information will you be relying on, in support of your application?" I have stated "This Claim was brought prior to pre-action protocol being carried out due to expiration of the limitation period being imminent. The Claimant seeks a stay of proceedings for a period of 6 months to allow for the pre-action protocol to be carried out. The Defendant has agreed to the requested stay of proceedings."...is this sufficient?

Do I need to attach a copy of the e-mail (agreement from the other party) to the application?

Many thanks.

[jaguarsuk]

You can't complete pre-action protocols post action.

You can't file a claim because of the Stat barred date is coming up and then retrospectively go through the correct procedures, you should have acted earlier and if you file this application you risk your claim being struck out by the court of it's own volition as an abuse of process.

You're going to have to continue the claim and then deal with the potential costs consequences.

[pt2537]

You can't complete pre-action protocols post action.

You can't file a claim because of the Stat barred date is coming up and then retrospectively go through the correct procedures, you should have acted earlier and if you file this application you risk your claim being struck out by the court of it's own volition as an abuse of process.

You're going to have to continue the claim and then deal with the potential costs consequences.

The Court can stay proceedings, it is within its remit under the CPR

15. Where there has been non-compliance with a pre-action protocol or this Practice Direction, the court may order that

(a) the parties are relieved of the obligation to comply or further comply with the pre-action protocol or this Practice Direction;

(b) the proceedings are stayed while particular steps are taken to comply with the pre-action protocol or this Practice Direction;

[jaguarsuk]

The Court can stay proceedings, it is within its remit under the CPR

15. Where there has been non-compliance with a pre-action protocol or this Practice Direction, the court may order that

(a) the parties are relieved of the obligation to comply or further comply with the pre-action protocol or this Practice Direction;

(b) the proceedings are stayed while particular steps are taken to comply with the pre-action protocol or this Practice Direction;

I stand corrected, thanks Paul

[Thomas_P]

Hi

Thank you for the replies.

I did peruse the CPR prior to issuing the Claim and noted that it states, under 'Practice Direction - Pre-action Conduct and Protocols', "17. This Practice Direction and the pre-action protocols do not alter the statutory time limits for starting court proceedings. If a claim is issued after the relevant limitation period has expired, the defendant will be entitled to use that as a defence to the claim. If proceedings are started to comply with the statutory time limit before the parties have followed the procedures in this Practice Direction or the relevant pre-action protocol, the parties should apply to the court for a stay of the proceedings while they so comply.".

I would really appreciate it if somebody could assist with my queries below:-

Under "What order are you asking the court to make and why?" I have stated "A stay of proceedings to allow for pre-action protocol to be completed."...is this sufficient?

Do I have to attach a draft of the order I am seeking?

As I have agreement of the other party, is it correct that I can request the application be dealt with without a hearing?

Is it correct that I do not need to enter the level of judge required, as I am requesting that it be dealt with without a hearing?

Do I still enter details of the other party to be served even though they have agreed to the stay?

Under "What information will you be relying on, in support of your application?" I have stated "This Claim was brought prior to pre-action protocol being carried out due to expiration of the limitation period being imminent. The Claimant seeks a stay of proceedings for a period of 6 months to allow for the pre-action protocol to be carried out. The Defendant has agreed to the requested stay of proceedings."...is this sufficient?

Do I need to attach a copy of the e-mail (agreement from the other party) to the application?

Many thanks.

[pt2537]

Hi

Thank you for the replies.

I did peruse the CPR prior to issuing the Claim and noted that it states, under 'Practice Direction - Pre-action Conduct and Protocols', "17. This Practice Direction and the pre-action protocols do not alter the statutory time limits for starting court proceedings. If a claim is issued after the relevant limitation period has expired, the defendant will be entitled to use that as a defence to the claim. If proceedings are started to comply with the statutory time limit before the parties have followed the procedures in this Practice Direction or the relevant pre-action protocol, the parties should apply to the court for a stay of the proceedings while they so comply.".

I would really appreciate it if somebody could assist with my queries below:-

Under "What order are you asking the court to make and why?" I have stated "A stay of proceedings to allow for pre-action protocol to be completed."...is this sufficient?

Do I have to attach a draft of the order I am seeking?

As I have agreement of the other party, is it correct that I can request the application be dealt with without a hearing?

Is it correct that I do not need to enter the level of judge required, as I am requesting that it be dealt with without a hearing?

Do I still enter details of the other party to be served even though they have agreed to the stay?

Under "What information will you be relying on, in support of your application?" I have stated "This Claim was brought prior to pre-action protocol being carried out due to expiration of the limitation period being imminent. The Claimant seeks a stay of proceedings for a period of 6 months to allow for the pre-action protocol to be carried out. The Defendant has agreed to the requested stay of proceedings."...is this sufficient?

Do I need to attach a copy of the e-mail (agreement from the other party) to the application?

Many thanks.

I cant really advise on what to put in the application, its dangerous to advice on the fly, but i would say that you need to highlight in box 3 what you are asking for and why, and then you need to set out the facts in section 10 that support the application, otherwise you could get stuck on costs.