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Version status: Revoked | Document consolidation status: Updated to reflect all known changes
Version date: 1 January 2018 - onwards
  Version 2 of 2    

136. Staying court proceedings where a complaint is made or a dispute referred.

Revoked from 1 January 2018

 

Where -

(a) a complaint has been made or a dispute referred to the Pensions Ombudsman; and

(b) any party to the complaint or reference subsequently commences proceedings in any court against any other party to the complaint or reference in respect of any of the matters which are the subject of the complaint or reference,

then, any party to the proceedings may at any time after an appearance has been entered, and before delivering any pleadings or taking any other steps in the proceedings, apply to the court to stay the proceedings and the court, if it is satisfied that -

(i) there is no sufficient reason why the matter in respect of which the said proceedings have been commenced should not be investigated by the Pensions Ombudsman; and

(ii) the applicant was at the time when the proceedings were commenced and still remains ready and willing to do all things necessary for the proper conduct of the investigation,

shall make an order staying the proceedings.

Comparing proposed amendment...