A defendant facing both civil and criminal proceedings arising from the same events cannot obtain a stay of the civil proceedings as of right merely because criminal prosecution is likely. The defendant bears the onus of identifying specific factors demonstrating that the requirements of justice positively require a stay, and the mere invocation of the right to silence is insufficient. Section 84 of the Evidence Act 1995 does not apply to admissions tendered in interlocutory proceedings for purposes other than proving the truth of the admission.
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