The Civil Procedure Rules 1998

Stay to allow for settlement of the case E+W

26.4—(1) A party may, when filing the completed allocation questionnaire, make a written request for the proceedings to be stayed^(GL) while the parties try to settle the case by alternative dispute resolution^(GL) or other means.

(2) Where—

(a) all parties request a stay^(GL) under paragraph (1); or

(b) the court, of its own initiative, considers that such a stay would be appropriate,

the court will direct that the proceedings [F1 , either in whole or in part,] be stayed for one month [F2 , or for such specified period as it considers appropriate.]

(3) The court may extend the stay^(GL) until such date or for such specified period as it considers appropriate.

(4) Where the court stays^(GL) the proceedings under this rule, the claimant must tell the court if a settlement is reached.

(5) If the claimant does not tell the court by the end of the period of the stay^(GL) that a settlement has been reached, the court will give such directions as to the management of the case as it considers appropriate.

Textual Amendments

F1 Words in rule 26.4(2) inserted (1.10.2005) by The Civil Procedure (Amendment No.3) Rules 2005 (S.I. 2005/2292), rules 1(c), 28(a)

F2 Words in rule 26.4(2) inserted (1.10.2005) by The Civil Procedure (Amendment No.3) Rules 2005 (S.I. 2005/2292), rules 1(c), 28(b)

Commencement Information

I1 Rule 26.4 in force at 26.4.1999, see Signature