Gibraltar courts and statutory procedures
What period and facts govern gibraltar stay of an inactive undefended claim?
At least six months after that period, if every listed condition is satisfied. The parties assessing the claim status must check each condition for the stay and apply to lift it if necessary. No defendant must have admitted or filed a defence or counterclaim. No party must have entered or applied for default or summary judgment. No defendant must have sought strikeout. The stay is not an automatic dismissal; an application to lift it must explain the delay.
- Period
- At least six months after that period, if every listed condition is satisfied
- Trigger
- The end of the applicable CPR 15.4 defence period
- Rule
- English CPR r.15.11(1)(a), applied in Gibraltar by Supreme Court Act 1960-02, s.38A(1) and Supreme Court Rules 2000 (LN.2000/031), r.6(1)
Current complete official texts retained on October 10, 2026. Supreme Court Rules edition July 7, 2026; Court of Appeal Rules October 2, 2025; Limitation Act July 11, 2024; Supreme Court Act July 24, 2026; Contract and Tort Act April 18, 2024. Current English CPR remains subject to local application and modification. No numeric eligibility is added.
Source guide · No automated date
Check the applicable procedure
Source guide for gibraltar stay of an inactive undefended claim. No defendant must have admitted or filed a defence or counterclaim. No party must have entered or applied for default or summary judgment. No defendant must have sought strikeout. The stay is not an automatic dismissal; an application to lift it must explain the delay. No computed date or paid calculation is provided.
English CPR r.15.11(1)(a), applied in Gibraltar by Supreme Court Act 1960-02, s.38A(1) and Supreme Court Rules 2000 (LN.2000/031), r.6(1)What lawyers say
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What period and facts govern gibraltar stay of an inactive undefended claim?
At least six months after that period, if every listed condition is satisfied. The parties assessing the claim status must check each condition for the stay and apply to lift it if necessary. No defendant must have admitted or filed a defence or counterclaim. No party must have entered or applied for default or summary judgment. No defendant must have sought strikeout. The stay is not an automatic dismissal; an application to lift it must explain the delay.
Responsible actor. The parties assessing the claim status.
The end of the applicable CPR 15.4 defence period.
No defendant must have admitted or filed a defence or counterclaim. No party must have entered or applied for default or summary judgment. No defendant must have sought strikeout. The stay is not an automatic dismissal; an application to lift it must explain the delay.
Source guide for gibraltar stay of an inactive undefended claim. No defendant must have admitted or filed a defence or counterclaim. No party must have entered or applied for default or summary judgment. No defendant must have sought strikeout. The stay is not an automatic dismissal; an application to lift it must explain the delay. No computed date or paid calculation is provided.
English CPR r.15.11(1)(a), applied in Gibraltar by Supreme Court Act 1960-02, s.38A(1) and Supreme Court Rules 2000 (LN.2000/031), r.6(1)How does this provision count time?
- Establish the end of the applicable CPR 15.4 defence period.
- Read English CPR r.15.11(1)(a), applied in Gibraltar by Supreme Court Act 1960-02, s.38A(1) and Supreme Court Rules 2000 (LN.2000/031), r.6(1) for the applicable branch.
- No defendant must have admitted or filed a defence or counterclaim. No party must have entered or applied for default or summary judgment. No defendant must have sought strikeout. The stay is not an automatic dismissal; an application to lift it must explain the delay.
- Check each condition for the stay and apply to lift it if necessary.
Supreme Court Rules 2000 rule 6 applies current English original civil procedure with necessary local modifications and priority for Gibraltar enactments. Where applicable, CPR 2.8 clear days exclude the starting day and the specified event boundary. Periods of five days or fewer exclude the listed nonbusiness days. A deemed-service event or month-based validity requires its own source rule.
Where applicable, CPR 2.8(5) concerns an act at the court office when that office is closed. It does not automatically extend every service act, deemed event or claim-form validity period. Establish Gibraltar Registry opening arrangements, the permitted completion method and any operative order.
English CPR r.15.11(1)(a), applied in Gibraltar by Supreme Court Act 1960-02, s.38A(1) and Supreme Court Rules 2000 (LN.2000/031), r.6(1)Which facts prevent one automatic date?
Source guide for gibraltar stay of an inactive undefended claim. No defendant must have admitted or filed a defence or counterclaim. No party must have entered or applied for default or summary judgment. No defendant must have sought strikeout. The stay is not an automatic dismissal; an application to lift it must explain the delay. No computed date or paid calculation is provided.
A proposed gibraltar stay of an inactive undefended claim event is recorded without its qualifying facts. No defendant must have admitted or filed a defence or counterclaim. No party must have entered or applied for default or summary judgment. No defendant must have sought strikeout. The stay is not an automatic dismissal; an application to lift it must explain the delay. No computed date. Establish the applicable source branch.
A proposed completion falls on a day when a relevant office is closed. Where applicable, CPR 2.8(5) concerns an act at the court office when that office is closed. It does not automatically extend every service act, deemed event or claim-form validity period. Establish Gibraltar Registry opening arrangements, the permitted completion method and any operative order. No blanket extension or shifted event is assumed.
The required document or action is prepared but completion is not established. Check each condition for the stay and apply to lift it if necessary. Preparation does not prove the required act was completed.
Which conditions and exceptions apply?
- Source event and branch
- The end of the applicable CPR 15.4 defence period. No defendant must have admitted or filed a defence or counterclaim. No party must have entered or applied for default or summary judgment. No defendant must have sought strikeout. The stay is not an automatic dismissal; an application to lift it must explain the delay.
- Completion and recipients
- Check each condition for the stay and apply to lift it if necessary.
- Count and closure
- Where applicable, CPR 2.8(5) concerns an act at the court office when that office is closed. It does not automatically extend every service act, deemed event or claim-form validity period. Establish Gibraltar Registry opening arrangements, the permitted completion method and any operative order.
- Source guide for gibraltar stay of an inactive undefended claim. No defendant must have admitted or filed a defence or counterclaim. No party must have entered or applied for default or summary judgment. No defendant must have sought strikeout. The stay is not an automatic dismissal; an application to lift it must explain the delay. No computed date or paid calculation is provided.
- No defendant must have admitted or filed a defence or counterclaim. No party must have entered or applied for default or summary judgment. No defendant must have sought strikeout. The stay is not an automatic dismissal; an application to lift it must explain the delay.
What must the responsible actor complete?
Questions about this procedure
What period and facts govern gibraltar stay of an inactive undefended claim?
What period and facts govern gibraltar stay of an inactive undefended claim?
At least six months after that period, if every listed condition is satisfied. No defendant must have admitted or filed a defence or counterclaim. No party must have entered or applied for default or summary judgment. No defendant must have sought strikeout. The stay is not an automatic dismissal; an application to lift it must explain the delay.
English CPR r.15.11(1)(a), applied in Gibraltar by Supreme Court Act 1960-02, s.38A(1) and Supreme Court Rules 2000 (LN.2000/031), r.6(1)What event starts gibraltar stay of an inactive undefended claim?
The end of the applicable CPR 15.4 defence period. Keep evidence establishing this exact event. No defendant must have admitted or filed a defence or counterclaim. No party must have entered or applied for default or summary judgment. No defendant must have sought strikeout. The stay is not an automatic dismissal; an application to lift it must explain the delay.
English CPR r.15.11(1)(a), applied in Gibraltar by Supreme Court Act 1960-02, s.38A(1) and Supreme Court Rules 2000 (LN.2000/031), r.6(1)What must be completed for gibraltar stay of an inactive undefended claim?
Check each condition for the stay and apply to lift it if necessary. No defendant must have admitted or filed a defence or counterclaim. No party must have entered or applied for default or summary judgment. No defendant must have sought strikeout. The stay is not an automatic dismissal; an application to lift it must explain the delay.
English CPR r.15.11(1)(a), applied in Gibraltar by Supreme Court Act 1960-02, s.38A(1) and Supreme Court Rules 2000 (LN.2000/031), r.6(1)How is time counted for gibraltar stay of an inactive undefended claim?
Supreme Court Rules 2000 rule 6 applies current English original civil procedure with necessary local modifications and priority for Gibraltar enactments. Where applicable, CPR 2.8 clear days exclude the starting day and the specified event boundary. Periods of five days or fewer exclude the listed nonbusiness days. A deemed-service event or month-based validity requires its own source rule.
Supreme Court Rules 2000 rules 5, 6 and 8; Schedule 2Does an office closure change gibraltar stay of an inactive undefended claim?
Where applicable, CPR 2.8(5) concerns an act at the court office when that office is closed. It does not automatically extend every service act, deemed event or claim-form validity period. Establish Gibraltar Registry opening arrangements, the permitted completion method and any operative order.
Supreme Court Rules 2000 rules 5, 6 and 8; Schedule 2Can this guide give a final gibraltar stay of an inactive undefended claim date?
No. No defendant must have admitted or filed a defence or counterclaim. No party must have entered or applied for default or summary judgment. No defendant must have sought strikeout. The stay is not an automatic dismissal; an application to lift it must explain the delay. Establish the actual events, applicable source branch and completed acts before relying on an endpoint.
English CPR r.15.11(1)(a), applied in Gibraltar by Supreme Court Act 1960-02, s.38A(1) and Supreme Court Rules 2000 (LN.2000/031), r.6(1)Official sources and review
Provisions used (4)
| Provision | Purpose |
|---|---|
| English CPR r.15.11(1)(a), applied in Gibraltar by Supreme Court Act 1960-02, s.38A(1) and Supreme Court Rules 2000 (LN.2000/031), r.6(1) | Check the identified procedure, event, counting rule or qualification |
| Supreme Court Rules 2000 rules 5, 6 and 8; Schedule 2 | Check the identified procedure, event, counting rule or qualification |
| Supreme Court Act section 38A; Supreme Court Rules 2000 rule 6 and local modifications | Check the identified procedure, event, counting rule or qualification |
| English Civil Procedure Rules 2.8, subject to Gibraltar application and modifications | Check the identified procedure, event, counting rule or qualification |