Jurisdiction(s):
United Kingdom

Key definition

to stay definition

What does to stay mean? To stay means to pause or suspend court or enforcement proceedings, in whole or in part, so that no further steps may be taken except as permitted by the court rules (for example, under the Civil Procedure Rules) or by the terms of the order. Proceedings resume only if the stay is lifted or expires. The term is a descriptive procedural expression used across contexts and shaped by court rules and case law rather than a single statutory definition. Typical uses include a stay of proceedings pending settlement (often by Tomlin order/consent order), pending appeal, a stay in favour of...

EU Brussels I (Reg 44/2001) Article 28: related proceedings and discretionary stays—first seised, risk of irreconcilable judgments, factors and key authorities [Archived]

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Practice notes

ARCHIVED: This Practice Note is archived and no longer updated or maintained. It sets out and outlines the meaning and scope of ‘related proceedings’ under article 28 of Regulation (EC) 44/2001, commonly known as Brussels I. It also examines the factors a court may weigh and assess when deciding whether to stay an action in its discretion. Note: from 10 January 2015, Regulation (EC) 44/2001, Brussels I was repealed in full and in its entirety and superseded by Brussels I (recast). Nonetheless, transitional measures mean Brussels I still governs in certain specified situations and circumstances. For further details of those transitional arrangements, see Practice Note: Guide to Brussels I (recast) [Archived]—Transitional arrangements.

What is the relevant provision in Brussels I?

Brussels I refers to Regulation (EC) No. 44/2001 of the European Parliament and Council concerning jurisdiction and the recognition and enforcement of judgments in civil and commercial cases. Article 28 should be interpreted broadly, following The Maciej Rataj case, a decision under the equivalent rules in the predecessor instrument, the Brussels Convention, as authority. In Brussels I, art 28 expressly sets out the rules for related actions pending in courts of different Member States.

When does art 28 apply?...

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Web page updated on 21/05/2026

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