How do I lift a "stay" in the county court?

[Lloyds99]

I’m a Claimant who is suing an individual for non-payment of a buildings insurance which I have to arrange.

 

We both attended a county court hearing in Oct’ 2016 and the judge put a “stay” on the case while it was referred it to the First Tier Property Tribunal for a decision on whether I had properly charged the other party.

 

In Jan’ 2017 we both attended the Tribunal hearing and they found entirely in my favour and referred the case back to the County Court.

 

I have now had a letter from the County Court saying I must now apply to have the “stay” lifted.

 

Can anyone tell me how to do this please and, is there a fee?

 

As there is no public office at the court I tried emailing them to ask which form I may need but a very unhelpful person replied that if I didn’t know I should ask a solicitor, not them.

 

Thanks for any help or guidance you can give. Lloyd

[dx100uk]

N244 I believe and £255 or £100 without a hearing...

[BankFodder]

I expect that you will need a form N244 to make your application and I think that it will cost you about £80 because it will be done without a hearing. You will be able to recover this from the other side if you win

 

This might be a time you to contact the other side and ask him/her if they want you to go ahead with the case because in view of the tribunal decision, there is very little chance that they will succeed. Point out them that if they insist that you go ahead and have the stay lifted then there will be other fees and they will be awarded to you as well. Point out that this might be the time to save money by paying the claim now – the principal sum plus the claim fee.

 

Point out to them that if they insist on continuing to defend the matter, that you will be showing your offer letter to the court

[Lloyds99]

Thanks very much for your guidance and very useful tips on what to put into a letter to the Defendant, I will certainly do it.

I thought I would need to have an attended hearing to get the "final judgement" that would enable me to get the Sheriffs to enforce the judgement. Any idea?

Thanks again.... Lloyd

[dx100uk]

well if you lift the say

there will be another hearing

so you add the £100 to their bill for lifting it

and indicate there will be further costs added for your attendance etc etc at the later case hearing to get judgement

so cough up now or else you will go thru with it..

[Lloyds99]

Hello

Thanks again for the reply, it is very useful.

BUT! The postman has just come with the news that the Defendant has appealed against the Tribunals decision, so I've got to go through the Tribunal process again. Damn.

Kind Regards..... Lloyd

[BazzaS]

At least they'll have to pay for their appeal (hoping they don't get fee remission!)

[Lloyds99]

I hope so but this guys partner is a solicitor so is definitely on the ball regarding making my life as difficult as possible.

Regards.... Lloyd

[Guest]

if it was an agreed/court ordered stay period for settlement, there may not have been a need for a fee

see cpr part 26 etc

[Lloyds99]

There is a God; the defendant has had his appeal refused and the case referred back to the County Court.

 

I think I need Form N244 to lift the stay and get the case re-activate, I just don't know how much the fee is. Anyone have any idea as the Court telephone doesn't get answered?

 

Thanks to everyone that responded, you were great.

[AndyOrch]

£100 without hearing...£ 255 with hearing

[BazzaS]

As others have already said:

£100 if you apply "without notice" (so the court doesn't tell 'the other side') AND you say no hearing is required. The court then rules on lifting the stay based on your application alone.

Given you are asking for a lifting of a stay now the Tribunal has ruled : this should be your preferred option.

The other side might say "we should have been given notice" or "there should have been a hearing" : you can't stop them "playing the system" BUT they'd have to make their own application to do so (costing them their own application fee) & any such application would almost certainly be doomed) & just look like an attempt to waste the court's time!).

 

If you ask for a hearing or complicate things by asking the court to send notice of your application : £255.

 

See p.8 of

http://formfinder.hmctsformfinder.justice.gov.uk/ex50-eng.pdf

[Lloyds99]

Hello again. I emailed the court again to ask if Form N244 would be acceptable and they again replied

"In reply to your email, you will need to seek some legal advice as to what forms you require as court staff are not legally trained"

They seem to be implying that a N244 would be the wrong form but are giving no guidance on why, and what form would be correct.

I rang a random solicitor yesterday and after giving a brief description on my plight the said they wouldn't help on a already open case.

Help!..... Lloyd

[BazzaS]

No they aren't saying "it is the wrong form".

They are saying "court staff aren't allowed to advise, so they can't tell you it is the right form, or tell you it is the wrong form either."

 

2 people have told you to use N244.

If I'd thought they were wrong I'd have said when I pointed you to the fees listed in EX50 ..... and I haven't!

 

How many people have said N244 is wrong? Zero.

Have you had a look at N244?

 

https://formfinder.hmctsformfinder.justice.gov.uk/n244-eng.pdf

 

What is it titled?

and, what do you want to do, "make an .................. to have they stay lifted"...

[Guest]

Lloyd

 

what are the specifics re the stay order (post it up in full), and the circs.

 

presume there was a concurrent tribunal matter going on re the same matter so the J ordered a stay subject to its result?

 

still, seems you need to apply for lift. mention all that in your application.

 

maybe a fee wont end up being required given that it was J ordered?

they'll soon tell you...and if win, shld get that cost back.

 

without the full circs, it's difficult to say. help the guys to help you.

[Lloyds99]

Hello Ford, Here is a more detailed description....

I’m a Freeholder who is suing a leaseholder for non-payment of his residential buildings insurance and a (£100) gutter repair bill.

 

We both attended a County Court hearing in Oct’ 2016 and the Defendant claimed I had broken the terms of the lease by not choosing the cheapest insurance quote so the judge put a “stay” on the case and referred it to the First Tier Property Tribunal for a decision on whether I had acted within the terms of the lease. The Judgement or Order said “Upon hearing the Claimant and Defendant in person it is ordered that 1. This matter be stayed and the Defendants dispute be transferred to the First Tier Tribunal for determination of the reasonableness of the charges and insurance costs”

 

 

In Jan’ 2017 we both attended the Tribunal hearing in central London and they found entirely in my favour, saying in their written determination “we find it well within the range of reasonable conduct for a landlord such as Mr D…. to renew the insurance policy with AXA even though that might not have been the cheapest option open to him”.

 

On the matter of the gutter repair they found “Drawing on our expertise and experience in this area we find that a cost off £100 for such work on a suburban property is well within the range of what can properly be considered reasonable”

 

The leaseholder subsequently applied to appeal the Tribunals decision but was refused and the case was referred back to the County Court.

 

On 22 February I received from the County Court a “General Form of Judgement or Order” saying “Upon reading the Court file and in reading the decision dated 8 February 2017 of the First-Tier Property Chamber (Residential Property) made following the reference dated 19 October 2016 it is ordered that 1. Unless the parties file a consent order to dispose of this matter the claimant shall make an application to lift the stay imposed by the order dated 19 October 2016 and in default the claim be struck out without further order of the court.

 

I’ve already paid for the initial court costs and the First Tier Tribunal costs, should I expect another bill for lifting the “stay”?

 

For information, this is the 7th time in twelve years I’ve had to take this guy to court to get the insurance paid and I’ve won every time, but this is the first time I’ve encountered a “stay” order.

Regards.... Lloyd

[BazzaS]

H

 

On 22 February I received from the County Court a “General Form of Judgement or Order” saying “Upon reading the Court file and in reading the decision dated 8 February 2017 of the First-Tier Property Chamber (Residential Property) made following the reference dated 19 October 2016 it is ordered that 1. Unless the parties file a consent order to dispose of this matter the claimant shall make an application to lift the stay imposed by the order dated 19 October 2016 and in default the claim be struck out without further order of the court.

 

 

Did the order say when the (consent order or application to lift the stay) needed to be filed by?

 

Beware : the next thing will be the defendant seeking to have the claim struck out, if the court doesn't make an order of its own volition.

If you've asked the defendant to agree a Consent Order and they haven't : get that stay lifted before your claim gets struck out.

[Guest]

as above

'in default', so there may well be a deadline. you need to double check that.

just to double check, what exactly does the order of 19 october 2016 say

if there is an agreed consent order (settlement) then that shld auto lift the stay re the con order. otherwise, an app'n is required. prob with fee. you will prob then need to say what you may want in the app'n in addition to the lift, perhaps judgment for you given that the first tier has gone in yr favour despite an appeal by the other party (and the j seemingly hinted at settlement in yr favour in view of the first tier decision via the con order, so hopefully the def wld settle so favourably.)

see loyd, things become alot clearer when the fuller facts are given