Stay in deference

Could you expand on the basic background details ? Stays can be granted in a variety of circumstances.....
 
A breach of contract with a bank occurred when frustration occurred meaning that the defendant could not complete the contract.

A second breach of contract occurred when a first third party who were indirectly financing the bank pulled the finance meaning that the bank would not get money due by the defending party as the first third party were financing the defendant.

A second third party is in a legal separation in another case against the defendant. The outcome of the first trial effects the second third party.

Sorry but I must be vague a bit.
 
Understood.

A judge may be persuaded that the requirements of justice and or fairness and or even the practicalities of litigation management would dictate the imposition of a stay. Ultimately those decisions require a judge to strike a balance between the competing rights of the litigants and the issues involved. Sometimes a stay can be to the advantage of some parties but very inconvenient to the others, in which case any ruling granting a stay could be appealed but that can then make litigation very messy and even more complex to resolve.

In a way you have probably answered the question where you mention the outcome of one trial affecting another party. If the first trial impacts on the second third party in a particular fashion that may well dictate how they will then proceed with or defend the remaining litigation.

Although there are several distinct pieces of litigation involved it can happen that different actions are all set down for trial and tried together by the same judge. This might happen where there are common issues or common evidence as between the cases but this might not be the case here. Sometimes this is convenient but not always !

Keep in close contact with your solicitor about the levels of costs being incurred as they can rise very quickly as litigation matures....
 
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It appears unlikely that the same judge will hear both trials as they are in different courts and it appears the original cause of the breach cannot be resolved and ultimately the asset in the first trial will be lost. The first third party is a beneficial owner of the asset due to monies paid.
 
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