DR Application to oppose stay

Question 1

Presenting your client’s position that court should not order a stay for settlement

Answer 1

Arguments to persuade:
- Parties have already made significant attempts to settle by negotiation
- Both parties have made offers
- There has been a commitment to settlement and the parties have operated within the spirit of CPR
- Stay is not being refused due to an unreasonable refusal
- Is there a reason why settlement has not yet been reached (e.g., disclosure of witness statements is necessary)
- Likelihood of a stay producing settlement
- Do both parties oppose stay?

Question 2

Reference to overriding objective

Answer 2

• The better use of time and money (in line with OO to deal with cases justly and at proportionate cost) is to progress to trial and disclosure and witness evidence
• Make sure to reference and advocate any points relating to better use of time and money as this relates to overriding objective