Where civil proceedings and criminal proceedings involve substantially overlapping issues — particularly where statutory defences in the criminal proceedings closely mirror grounds of appeal in the civil proceedings — the interests of justice may require a stay of the civil proceedings even where the respondent suffers delay, especially where the decision under appeal is not itself stayed. The prejudice to the respondent from delay in the civil appeal is diminished where the underlying order remains operative. A party should not be forced to choose between giving evidence in support of a civil appeal and risking self-incrimination in related criminal proceedings.
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