After an action had been stayed, it remained technically in being. It cannot proceed or resume without a court order, but it cannot properly be regarded as dead, in the same way as it might had it been dismissed or discontinued by order.
Judges:
Neill LJ
Citations:
[1989] 1 WLR 902
Jurisdiction:
England and Wales
Cited by:
Cited – Wagstaff v Colls and Another CA 2-Apr-2003
The action had been stayed by an order on agreed terms. The claimant sought a wasted costs order against the defendants’ solicitors on the ground that they had witheld certain facts during the litigation. The defendants argued that they should first . .
Cited – Cockeril v Tambrands Limited CA 21-May-1998
Even if a case is quite unsuitable for automatic directions, the plaintiff has an obligation to apply instead for specific manual directions to stand in their stead. It would be wrong to allow a plaintiff to escape from the discipline of the . .
Lists of cited by and citing cases may be incomplete.
Litigation Practice
Updated: 10 June 2022; Ref: scu.181181