The stay was granted in R v. Crawley and others, 2014] EWCA Crim 1028. As part of the Conservative government`s austerity policies, the Department of Justice decided to reduce legal fees for high-cost cases (VHCC) by 30% in November 2013. Due to the amount of paperwork, this case was classified as HCCC by the Legal Aid Authority (LAA), which bears the defendant`s costs (as free representation (legal aid) is required under the European Convention on Human Rights). The lawyers refused the instruction to act on behalf of the defendants on the reduced fees to protest the reductions, so that no suitably qualified lawyer could be found to represent the defendants. As the defendants would not have been able to receive a fair trial without adequate representation (which violates their right to a fair trial under Article 6 of the European Convention on Human Rights), the trial could not continue and was suspended. An adjournment proved unlikely to resolve the case and undue delay would contravene another ECHR requirement (Article 6(1)) that prosecutions be dealt with in a timely manner. If proceedings within the meaning of Article 61(1) are initiated during the opposition period, the suspension of proceedings shall be possible only if an opposition has been lodged. Consequently, the third party might have to file an opposition itself in order to benefit from a stay of proceedings under Rule 78. The court exercises its discretion to grant a stay, but also decides on the duration of the stay.6 Nevertheless, the stay of proceedings is an exceptional remedy7 that should not be used if it would compromise the rights of the parties, including equal treatment, prevention of undue delay and the right to a fair trial.8 There are two main types of suspension: Suspension of execution and suspension of proceedings.
A stay of execution postpones the execution of a judgment rendered against a litigant who has lost a case, the so-called debtor. In other words, if a civil litigant receives monetary damages or any other form of relief, he or she cannot recover the damages or obtain relief if the court grants a stay. Under Article 62 of the Federal Rules of Civil Procedure, any civil judgment is suspended ten days after it is pronounced. A further suspension of execution lasts only for a limited period. It is usually granted when the debtor appeals, but a court may grant a stay of execution in all cases where the court considers that the stay is necessary to secure or protect the debtor`s rights. If the stay of proceedings is lifted, the proceedings shall continue. The provisions on interference with the suspension in all case management instructions (which specify the dates on which the parties must take action to the extent) are taken into account, so that the parties are not affected in time by the implementation or intervention by the stay. Stays of execution have a similar effect with regard to the enforcement of judgments. As long as the suspension of enforcement remains in force, no such action may be taken. A judge may, at the request of a party to the proceedings, grant a stay or suspend without the request of a party. The courts grant a stay in a case where it is necessary to secure a party`s rights.