to stay meaning

Test for delay A stay is an exceptional measure, invoked only as a last resort. The court will stay proceedings only if it is satisfied, on the balance of probabilities, that delay means a fair trial cannot take place. In this context, two principal bases can justify a stay: the defendant can no longer have a fair trial it is not fair for the defendant to be tried at all The burden is on the defendant to show, on the balance of probabilities, that a fair trial is no longer achievable. Even if delay is proved, the judge retains a discretion to refuse a stay where the trial’s fairness can be protected by appropriate case management...

Claimant Claimant's history Has the claimant previously pursued personal injury claims? This can be verified via the Claims Underwriting Exchange (CUE) database, which records all claims that have been lodged with an insurer. Nature of the injuries Do the reported injuries align with, and are they proportionate to, the overall seriousness of the collision event? High occupancy A crowded vehicle (ie several passengers) does not, by itself, prove fraud, yet it may still be relevant where an accident is alleged to have been engineered or staged. No reason to stop Where the defendant maintains the claimant’s car braked without cause, this may potentially point to a set-up incident. Late reported claim Although claimants ordinarily have three full years to bring a claim, when a claim reaches an insurer more than six months after the accident date, without any credible reason at all (eg a prolonged hospital stay, or the claimant’s insurer struggled to identify the defendant’s insurer), there is a...

Checklist on accepting Part 36 offers This checklist on accepting Part 36 offers sets out the principal considerations when deciding to accept a Part 36 offer, together with the potential steps that may follow acceptance, including enforcing the Part 36 offer. For the purposes of this checklist, it is assumed the offer has been made pursuant to CPR 36.1 to CPR 36.17 and does not concern a claim falling under CPR 36.18 onwards (ie personal injury, RTA protocol and EL/PL protocol settlement offers). Please note, this checklist does not address the particular Part 36 provisions that apply solely to fixed costs matters. For details of the Part 36 consequences for fixed costs cases issued on or after 1 October 2023, see Practice Note: Part 36 offers—fixed costs (position on or after 1 October 2023). Pre-acceptance Validity of Part 36 offer Before choosing whether to accept a Part 36 offer, ensure the offer is a compliant Part 36 offer so that the prescribed Part 36 costs...

This flowchart mirrors HMRC's diagram in paragraph 5.24 of the Guidance Note on residence, domicile and the remittance basis (RDR1), and continues from Flowchart 1. It is intended for use where the taxpayer's father was not born in the UK and the taxpayer lacks definite intentions, or has only brief plans, to stay in the UK...

In this issue: Key DR developments Claims and remedies Cost and funding Case management Scottish Dispute Resolution New content Dates for your diary Useful information Daily and weekly news alerts Key DR developments Court information HMCTS updates Form N215 certificate of service HM Courts & Tribunals Service (HMCTS) has issued a revised English Form N215 Certificate of Service for civil proceedings, which also brings in a new statement of truth. While the layout has been updated, the details required remain unchanged, with extra notes added to assist with completing the form. For further detail, see: HMCTS updates Form N215 certificate of service—LNB News 27/01/2026 36. Additional permanent courtrooms to boost capacity The government will make four former Nightingale Courts in Fleetwood, Telford, Chichester and Cirencester permanent, creating 11 additional courtrooms across England and Wales to increase capacity for criminal, family and civil work and help cut delays. For further detail, see:...

Alrubie v Chelsea Football Club Ltd and another [2025] EWHC 541 (Comm) What are the practical implications of this case? This decision will particularly interest arbitration practitioners and professionals working in sports clubs, and could equally concern other organisations whose members are controlled by association rules. Commonly, those participating in professional sports clubs accept, by reason of their membership, that they are bound by the club’s rulebook and by the regulations of any national and worldwide governing bodies. Such regimes routinely incorporate arbitration agreements, owing in part to the confidentiality of arbitral proceedings, which protects against undesirable public attention, and in part to the ability to appoint arbitrators with specialist knowledge of the sport’s rules and industry practices. The case clarifies that these rules may have ‘horizontal’ contractual effect between members, as well as ‘vertical’ effect between each member and the governing body, notwithstanding the absence of any express bilateral agreement between members. It underlines how membership-based governance can, through the acceptance of rulebooks, generate binding obligations that...

In this issue: Adjudication Building safety Planning Litigation Construction industry news Daily and weekly news alerts New and updated content Construction trackers Adjudication Contractual interpretation in adjudication disputes (Dawnvale v Hylgar) In Dawnvale Cafe Components Ltd v Hylgar Properties Ltd [2024] EWHC 1199 (TCC), the court reviewed the reach of a Tomlin Order/Settlement Agreement concluded after settling enforcement of an adjudicator’s decision, and assessed whether its wording barred a proposed second adjudication. It also had to determine if that proposed reference raised a dispute already resolved by the first adjudication. This ruling underlines the need for exact drafting in settlement agreements and the prospect of further claims where matters are not expressly concluded. Written by Michael O’Connor, partner at Charles Russell Speechly LLP. See News Analysis: Contractual interpretation in adjudication disputes (Dawnvale v Hylgar). Building safety Building liability orders: court gives guidance on procedures in first reported case (Wilmott Dixon v Prater) ...

Over the course of the past month, annual adjustments have been made to merger control thresholds in Canada, Italy and the Philippines, while Montenegro has revamped its regime, introducing swifter timetables and more adaptable filing provisions. Canada—thresholds remain the same in 2026 On 2 March 2026, the Canadian Competition Bureau (CCB) confirmed, after its yearly review, that Canadian merger notification thresholds will stay exactly as they are for 2026. The thresholds remain (in brief): size of transaction test: the target must be, or control, an operating business in Canada with more than CDN$93m (approximately €58.9m/US$66.6m) in Canadian assets (book value) or gross revenue produced by those assets from sales in, from or into Canada (ie domestic plus export sales), and size of parties test: all parties and their affiliates (in aggregate) must together hold over CDN$400m (approximately €253.4m/US$286.3m) in Canadian assets or gross revenues derived from sales in, from or into Canada (ie domestic sales, exports and imports) (this threshold is unchanged and...

The Skilled Worker route The Skilled Worker route allows UK employers holding a valid sponsor licence to hire, or continue to employ, skilled individuals who are neither British nor Irish nationals. It is the principal route for entry to, and residence in, the UK for employment. The Practice Note: Sponsoring a Skilled Worker reviews the eligibility requirements connected to a sponsor issuing a Certificate of Sponsorship (CoS), including the necessary skill level and salary. Once a CoS has been issued, and provided the applicant meets all other criteria, they can apply for entry clearance or permission to stay...

This Practice Note examines the provisions of the Civil Jurisdiction and Judgments Act 1982 (CJJA 1982) that resolve questions of international jurisdiction for employment proceedings commenced on or after 1 January 2021. For a visual summary, see: Determining jurisdiction in employment disputes (1 January 2021 onwards)—flowchart. For guidance where proceedings began on or before 31 December 2020, see: Practice Note: International jurisdiction—allocating employment cases between national courts and tribunals pre-1 January 2021 [Archived] Determining jurisdiction in employment disputes (to IP completion day)—flowchart [Archived] Background Where a common law claim is brought in the courts—such as a damages claim for breach of contract or to enforce post-termination restrictions (restrictive covenants)—jurisdiction is governed by the CJJA 1982 and the Civil Procedure Rules (CPR). These rules apply to proceedings instituted on or after 1 January 2021 and replace Retained Regulation (EU) 1215/2012, Brussels I (recast) (commonly known as the Brussels 1a Regulation), and the Lugano Convention, which applied to proceedings started before the end of...

The issue Sadly, pandemics trigger spikes in criminal online activity; such crises give fraudsters a hook to target people across the globe. As many of us work remotely, we must stay alert to cyber-attacks against both home and workplace systems. Throughout the coronavirus pandemic, criminals are exploiting the situation to pose as local or national governments, regional or global health organisations, and trusted news outlets. Beyond phishing emails, they are also using: text messages to mobiles claiming to be from official bodies, e.g. the UK Government; bogus pandemic-themed websites that deliver malware and malicious apps; impostors pretending to be VPN or portal support to harvest employee credentials. What we need from you It remains essential to use only standard procedures and company-issued IT tools during a pandemic. Any variations to our processes must be fully recorded, reviewed and approved by management, and shared via normal internal communication channels...

Being invited to present gets us over the first obstacle, yet we should never assume success, even with a long-standing client. Inadequate preparation is the chief reason bids stumble at interview. Walking in without sufficient rehearsal courts failure, even for a strong team. This guide will help you get ready for a tender presentation, whether you’re leading the bid or contributing as part of the team. Logistics You have only one chance to deliver. Be absolutely clear about: where you need to be when you need to be there how you will get there what you must take with you The tender lead should issue a presentation checklist/plan. If they haven’t, chase it or volunteer to handle the arrangements and create the checklist/plan for the team. Unless advised otherwise, assume the dress code is business smart. Stay on top of the preparation timetable, key dates, deliverables and all logistics. The message Make sure you grasp the overarching...

IN THE COUNTY COURT AT [ insert ] Claim No. [ insert number ] Parties (1) AA (2) BB Claimants -and- CC Defendant PARTICULARS OF CLAIM At all material and relevant times, the Defendant carried on trade in the capacity of a tour operator, supplying package holidays to travellers. On 2 July 2025, the First Claimant accessed the Defendant’s website and concluded a contract to purchase a package holiday in Greece from the Defendant. Pursuant to that agreement, the First Claimant and her husband, the Second Claimant, were to depart East Midlands Airport for Athens on 8 August 2025, with an onward transfer thereafter to Santorini. The contract also provided for their return on 15 August 2025, travelling from Santorini to Athens and then onwards back to East Midlands Airport. Following completion of the flight arrangements, the Defendant, by means of a website link, transmitted the Claimants’ names together with the First Claimant’s payment details and email address to D Hotels Ltd. The...

Practice Note: Suitability grounds for refusal and cancellation of permission notes that, under the Immigration Rules, Part 9, para 320(7B): Unless an exemption applies, or the relevant re-entry ban has expired, any application made under a route within Parts 2–8, or under Appendix Armed Forces, must be refused where the person has previously breached UK immigration law by: overstaying, unless the overstay was 90 days or less (where it began before 6 April 2017) or 30 days or less (where it began on or after 6 April 2017) and, in either scenario, they left the UK of their own accord and not at public expense Where any of the above circumstances apply, any further application to re-enter the UK will be refused until the following re-entry ban has run: one year, if the individual departed the UK voluntarily and not at public expense—note that those refused entry at port fall within this category, provided they complied with the conditions set...

section 3C leave This answer proceeds on the basis that no request was submitted to the Home Office to cancel the application, nor to retrieve the passport prior to departing the UK. If someone makes an application from within the UK to extend their permission to stay before their existing leave runs out using the online route, the date on which the application is treated as lodged is the date the online form is submitted, not the enrolment of biometrics. When someone who already has leave to remain applies from inside the UK to extend it, their current leave, together with all attached conditions, continues automatically so long as a valid application is made before that leave expires (known as ‘section 3C leave’)...

Service of a notice to quit/notice to end the licence was not required. The lodger/licensee occupied solely by way of goodwill. No periodic licence was ever created or granted...