Stay

[Shacksie]

For a money claim, if the Claimant doesn't respond to the defence and the claim becomes stayed, what happens next? Is there a time limit that it can be stayed for? Is there a reasonable way to get it discontinued?

[R0b]

It will sit there forever until either party does something about it. If the claimant hasn't responded on whether to proceed with the claim and the case is stayed, there's usually a reason behind that. Most commonly in debt related claims the claimant doesn't have the necessary information and evidence so will happily stay the claim until it is able to do so and then request for it to be reinstated.

As a defendant, you would be unwise to allow a claim to be stayed and you could either write to the claimant and offer them to discontinue or if not you will make an application to strike out and dismiss the claim. It is unreasonable for the Claimant to allow the claim to be stayed which would also pause time for limitation period and also as already mentioned allow them to gather necessary information they may not have had at the time of issue - that could be construed as an abuse of process, because if you don't have enough infomration about the claim then you shouldn't have issued one in the first place!

[Shacksie]

It will sit there forever until either party does something about it. If the claimant hasn't responded on whether to proceed with the claim and the case is stayed, there's usually a reason behind that. Most commonly in debt related claims the claimant doesn't have the necessary information and evidence so will happily stay the claim until it is able to do so and then request for it to be reinstated.

As a defendant, you would be unwise to allow a claim to be stayed and you could either write to the claimant and offer them to discontinue or if not you will make an application to strike out and dismiss the claim. It is unreasonable for the Claimant to allow the claim to be stayed which would also pause time for limitation period and also as already mentioned allow them to gather necessary information they may not have had at the time of issue - that could be construed as an abuse of process, because if you don't have enough infomration about the claim then you shouldn't have issued one in the first place!

Thanks Rob, what would be a reasonable amount of time to wait after a claim becomes stayed before I make an application to strike out (am currently at 7 months)? Is it the judge that decides whether to strike out if an application is made? And after the application how long does the claimant get to respond? Also, if I apply for strike out and it's done, can the claimant just put in another claim?