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The info below has just been posted at CAG, following questions from Martin Lewis, and outlines some of the current aspects of the recent OFT shambles.
http://www.consumeractiongroup.co.uk...-guidance.html
The OFT test case means that there is a chance that cases will be stayed (meaning put on hold) pending the outcome of the decision. There has been a lot of speculation and misinformation regarding stays both in the media and within discussions on the forums.
The following information was obtained by Martin Lewis directly from the Royal Courts of Justice, The Strand, London and it is hoped that this will clear up some of the questions.
Quote:
I was passed these questions from the court service as they are a matter for the judiciary. I hope these answers provide you with the information you required.
1. The Banks & OFT wrote to the master of the rolls. Does this mean the MOR has accepted their request and is looking for a general stay. I would like to officially request whether this has been accepted and to hear how it is to be implemented in the courts.
Answer: The MoR decided not to issue an order staying all outstanding cases. Instead he asked the Deputy Head of Civil Justice to write to all Designated Civil Judges, (which he has done) inviting them to consider staying outstanding claims on a case by case basis as appropriate. Designated Civil Judges are the senior circuit judge responsible for a group of courts. S/he may agree arrangements with the district judges sitting at each individual court.
2. If it has been accepted by the MOR. Can I confirm
Answer: Whether case is stayed or not is a matter for the judiciary taking into account all the circumstances of the individual claim
b. That unless a stay is requested by one of the parties there will not be an automatic stay
Answer: A stay will be considered if a request is received from one of the parties or a judge may direct that proceedings are stayed without an application.
c. If one of the parties requests the stay, then the other party may still object to the stay.
Answer: If an application is made by one of the parties for a stay, the judge may hear the application. Otherwise judges may stay a case at their own initiative. If a judge orders a stay after a hearing, a party may appeal. If a case is stayed on the courts' own initiative (i.e. without a specific request from the parties and without a hearing), a party may apply for the judge to review his/her decision at a hearing. Parties would need to pay additional court fees for appeals and applications.
http://www.consumeractiongroup.co.uk...-guidance.html
The OFT test case means that there is a chance that cases will be stayed (meaning put on hold) pending the outcome of the decision. There has been a lot of speculation and misinformation regarding stays both in the media and within discussions on the forums.
The following information was obtained by Martin Lewis directly from the Royal Courts of Justice, The Strand, London and it is hoped that this will clear up some of the questions.
Quote:
I was passed these questions from the court service as they are a matter for the judiciary. I hope these answers provide you with the information you required.
1. The Banks & OFT wrote to the master of the rolls. Does this mean the MOR has accepted their request and is looking for a general stay. I would like to officially request whether this has been accepted and to hear how it is to be implemented in the courts.
Answer: The MoR decided not to issue an order staying all outstanding cases. Instead he asked the Deputy Head of Civil Justice to write to all Designated Civil Judges, (which he has done) inviting them to consider staying outstanding claims on a case by case basis as appropriate. Designated Civil Judges are the senior circuit judge responsible for a group of courts. S/he may agree arrangements with the district judges sitting at each individual court.
2. If it has been accepted by the MOR. Can I confirm
Answer: Whether case is stayed or not is a matter for the judiciary taking into account all the circumstances of the individual claim
b. That unless a stay is requested by one of the parties there will not be an automatic stay
Answer: A stay will be considered if a request is received from one of the parties or a judge may direct that proceedings are stayed without an application.
c. If one of the parties requests the stay, then the other party may still object to the stay.
Answer: If an application is made by one of the parties for a stay, the judge may hear the application. Otherwise judges may stay a case at their own initiative. If a judge orders a stay after a hearing, a party may appeal. If a case is stayed on the courts' own initiative (i.e. without a specific request from the parties and without a hearing), a party may apply for the judge to review his/her decision at a hearing. Parties would need to pay additional court fees for appeals and applications.
