It's a never ending story! CCBC and now QDR solicitors!

LDast

If the CNBC told you that the claim had been stayed, especially now, that more than 6 months have passed, the stay cannot simply be lifted and the claim resurrected without you being informed. If an application to have stay lifted was submitted, the court is supposed to notify the defendant so that representations and objections can be raised.

Call the CNBC first thing in the morning and ask for clarification on the status of the stay. You can request details about when and how the stay was lifted and why you were not notified.

Ask for a copy of the court file, which should include the claimant's application to lift the stay, the court's order lifting the stay (if any), and any other relevant documents that should have been served on you.

If the proper procedure was not followed, such as not being notified of the application to lift the stay, you should raise this as a procedural issue. You should also ask the court for permission to make representations or have a hearing on whether the stay should remain in place.

When dealing with stays of proceedings and the lifting of stays, the Civil Procedure Rules (CPR) that apply are primarily within Part 3 (The Court’s Case Management Powers) and Part 15 (Defence and Reply). Here are the relevant sections of the CPR that govern stays and the lifting of them:

1. CPR 3.1 – General Case Management Powers

Under CPR 3.1, the court has wide case management powers to stay proceedings and to lift stays:

• CPR 3.1(2)(f): The court may stay the whole or part of any proceedings or judgment either generally or until a specified date or event.
• CPR 3.1(2)(m): The court may take any other step or make any other order for the purpose of managing the case and furthering the overriding objective (to deal with cases justly and at proportionate cost).

This rule gives the court the authority to impose or lift a stay at its discretion. It is also used by the court when deciding applications to lift a stay.

2. CPR 15.11 – Automatic Stay for Failure to Proceed

This rule specifically addresses situations where the claim becomes automatically stayed:

• CPR 15.11: If the claimant does not respond to a defence (e.g., by filing a reply or applying for a summary judgment) within six months of the defence being filed, the claim is automatically stayed.
  • Either party can apply to lift the stay.
  • Any application to lift the stay must be accompanied by evidence of why the stay should be lifted, such as demonstrating that the case was not abandoned, there are valid reasons for proceeding, or that the claimant now wishes to continue the litigation.

3. CPR 3.9 – Relief from Sanctions (Relevant if a Stay was Imposed for Non-Compliance)

If a stay was imposed as a sanction for non-compliance (for example, failing to file documents in time), an application to lift the stay would involve a CPR 3.9 application for relief from sanctions. The court considers several factors when deciding whether to grant relief, including:

• The seriousness of the breach.
• Why the breach occurred.
• Whether it is in the interests of justice to grant relief.

4. CPR 26.3 – Stay to Allow Settlement or ADR

• CPR 26.3: This rule allows for a stay to be imposed by the court to encourage Alternative Dispute Resolution (ADR) or settlement.
  • The parties may request a stay for ADR purposes, and the court may grant one.
  • The stay can be lifted if ADR fails or if either party wishes to resume proceedings.

5. Applications to Lift a Stay

When applying to lift a stay, the claimant (or the defendant) typically applies under CPR 23 (General Rules about Applications), particularly if the stay was imposed under CPR 15.11 or CPR 3.1. The procedure for such an application involves:

• Filing an application notice (Form N244).
• Providing evidence and reasons for lifting the stay (e.g., changes in circumstances, desire to continue the case, failure of ADR).
• Paying the appropriate application fee.

If the court imposes a stay automatically or by order, any party can apply to lift it. However, the court must ensure that both parties have the opportunity to respond, particularly the defendant, before a stay is lifted, unless there are exceptional reasons for not doing so.

Practical Considerations:

• The court generally should notify both parties of any application to lift a stay, and both parties should be given a chance to make representations.
• If you have not been notified of the stay being lifted, you may have grounds to query whether the correct procedures were followed (as discussed in the previous message).

In summary, CPR 3.1 and CPR 15.11 are the key rules governing stays and their lifting. The court has broad discretion in case management, including the power to impose or lift a stay, but must ensure that both parties are fairly treated.

In this case, CPR 15.11 is the most applicable rule. This rule deals with the automatic stay of proceedings when there has been no action for six months following the defence filing. Since you were informed by the CNBC that the case was stayed last December, it's likely that the stay was imposed under this rule.

Now that you've received the Directions Questionnaire (DQ), the stay has been lifted, probably due to an application by the claimant to continue proceedings. It is worth querying whether the court properly notified you of the application to lift the stay, as both parties should be informed and given an opportunity to respond.

You can use CPR 3.1(2)(f) to query the lifting of the stay, as this gives the court discretion to stay or lift a stay in managing the case. You can request more information about when and why the stay was lifted, especially if you were not informed beforehand.

Jelly_bean30

Interesting, I had a letter in April 2024 of them saying if I didn't pay or respond about their incorrect claims disputing my defence then they would apply to have the stay lifted. But I've never received anything from the courts when the application to lift the stay was actually made in June. I will call them tomorrow morning!

Jelly_bean30

I just got off the phone to CNBC who have said it it not up to them to notify me that an application to lift the stay and that now my only option is to submit an N244 and also complete the questionnaire regarding a court hearing. I quoted them with the above code and they placed me on hold and came back and said - "no we don't do that".

Coupon-mad

Attach a short WS to your DQ complaining that due process was not followed and this is the first you've heard of the application despite CPR x, y, z (quote the rules).

Ask the allocating Judge for an explanation and Directions and state that the Claimant has deliberately not copied you in, which appears to be wholly unreasonable and you will seek costs if they proceed to a hearing or if they string the court & Defendant along, then discontinue very late.

As @LDast says, use this:

You can use CPR 3.1(2)(f) to query the lifting of the stay, as this gives the court discretion to stay or lift a stay in managing the case. You can request more information about when and why the stay was lifted, especially if you were not informed beforehand.

Also make a (separate email to the complaints manager) formal complaint to the CNBC.  They'll never improve if people don't complain about rubbish like this.

Jelly_bean30

Thank you @Coupon-mad, I shall do this! Do you also think I should bother agreeing for the case to be referred to mediation and is Romford Count Court still a good court to use? - it's not too far from me.