Jurisdiction(s):
United Kingdom

Related legal acts

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...

Stays of civil proceedings (England and Wales): grounds, applications, court powers (CPR 3.1(2)(g)), conditions, and lifting stays, including arbitration, criminal and parallel proceedings

Published by a LexisNexis Dispute Resolution expert

Practice notes

This Practice Note provides guidance on the interpretation and application of the relevant provisions of the CPR when seeking a stay.

Depending on the court handling your case, additional rules may apply—see: Court specific guidance. It addresses when the court may impose a stay and the steps to remove it. It also sets out situations in which a party might seek a stay, for example to facilitate:

a challenge to Jurisdiction in a cross-border dispute
arbitral proceedings
settlement discussions
awaiting the result of other proceedings, including linked criminal cases
time to meet a procedural step or court direction

In some circumstances, CPR 15.11 provides for an automatic stay of the Claim—see Practice Note: Stay of civil proceedings—automatic stay under CPR 15.11. For guidance on staying an order or judgment while an appeal is pending, see Practice Note: Grounds for appealing and preliminary considerations—Will the terms of the order or judgment under appeal be stayed?...

To view the latest version of this document and thousands of others like it, sign-in with LexisNexis or register for a free trial.

Web page updated on 21/05/2026

Popular documents

Using the Judicial College Guidelines to assess general damages in personal injury claims

When evaluating a general damages claim, the practitioner ought initially to refer to the Judicial College Guidelines (JCG)...

Tomlin orders in England and Wales: CPR guidance on drafting, confidentiality, approval, variation, enforcement, limitation, CCA issues, court-specific requirements, sample wording and precedents

This Practice Note This Practice Note reviews mechanisms used in settling litigation. A Tomlin order consists of a consent order paired with a schedule. It operates to stay proceedings on terms that have been agreed. The provisions contained in the schedule may remain confidential. This Practice Note describes the scope of confidentiality attaching to the schedule and sets out how it differs from a standard consent order. Sample wording for a Tomlin order is included, alongside links to precedents, as well as guidance on court approval. It also addresses varying, setting aside and enforcing a Tomlin order, including the considerations the court will take into account when handling applications for each. Further guidance is provided on interpreting and applying the relevant provisions of the CPR; however, some courts and divisions impose very specific requirements for both drafting and approval, and for approaching the schedule and confidentiality issues. Accordingly, you must consider the particular rules and court guide provisions in the forum where your claim is proceeding when drawing up the Tomlin order...

Precedent: Deed of Surrender of Lease with Optional Premium, Settlement and Release, Landlord, Mortgagee and Guarantor Consents, Reimbursement and HM Land Registry Provisions (England and Wales)

Date [ date ] Parties [ name of Landlord ] [ of OR incorporated in England and Wales (company registration number [ number ]) with its registered office at ] [ address ] (Landlord) [ name of Tenant ] [ of OR incorporated in England and Wales (company registration number [ number ]) with its registered office at ] [ address ] (Tenant) [ [ name of Guarantor ] [ of OR incorporated in England and Wales (company registration number [ number ]) with its registered office at ] [ address ] (Guarantor) ] [ [ name of Mortgagee ] [ of OR incorporated in England and Wales (company registration number [ number ]) with its registered office at ] [ address ] (Mortgagee) ] Definitions Within this Deed, the terms below shall be interpreted as follows: [ Annual Rent • the annual sum reserved under the Lease; ] [ Insurance Rent • the Tenant’s share of the Landlord’s costs of insuring the Property (as set out in the Lease); ] Lease • the lease of the Property dated [ date ], entered into between (1) [ the Landlord OR [ name ...

Precedent Statutory Declaration: Standard Wording under the Statutory Declarations Act 1835

I, [ name ], of [ address ], solemnly and sincerely state that: [ Matters to be verified, set out in numbered paragraphs ] I make this solemn statement in good conscience, believing it to be true, and pursuant to the provisions of the Statutory Declarations Act 1835. DECLARED at [ details ] this [ day ] day of [ month and year ] Before me ................................................................................ [ signature of the person before whom the declaration is made ] A [ commissioner for oaths OR [ solicitor OR [ insert other qualification ] ] authorised to administer oaths ]...