Stay
Also called: Stay of proceedings, adjournment, suspension
A court order that pauses all or part of legal proceedings temporarily, either by consent or on application, while a specified condition is met or a time period elapses.
Definition
A stay is an order by a court suspending the progress of proceedings or the enforcement of a judgment. It is distinct from a dismissal (which ends the case permanently) and an adjournment (which merely postpones a hearing). Stays may be granted in a wide range of circumstances under the Civil Procedure Rules: <strong>Consent stays</strong> (CPR r.15.11) — where both parties request a stay to explore settlement, the court will normally grant up to one month; extensions require an application. <strong>Stays for ADR</strong> — courts actively encourage alternative dispute resolution and will stay cases to allow mediation or arbitration. <strong>Stays pending appeal</strong> — if a judgment is being appealed, the court may stay enforcement pending the appeal outcome; the default is that a judgment is enforceable immediately unless stayed (<em>Hammond Suddards v Agrichem</em>). <strong>Automatic stays in insolvency</strong> — when a company enters administration, an automatic moratorium (stay) prevents most legal proceedings being commenced or continued against the company without the court's permission (Insolvency Act 1986, Sch.B1, para.43). <strong>Debt Respite Scheme stays</strong> — individuals with a Breathing Space (Debt Respite Scheme) moratorium receive a 60-day stay on most creditor action. Stays can be lifted by application to the court; a party that ignores a stay and proceeds anyway may face sanctions including costs orders and striking out.
In practice
If you receive notice that proceedings have been stayed, check the reason and the duration. A stay does not mean the case has ended — deadlines that were set before the stay may revive on the same terms when it ends, unless the stay order says otherwise. If you want to lift a stay (because, for example, settlement negotiations have broken down), apply to the court on Form N244 with your reasons. See the <a href="/glossary/arbitration" class="body-link">arbitration entry</a> and the <a href="/glossary/mediation" class="body-link">mediation entry</a> for the ADR context.