On an application to stay civil proceedings pending related criminal proceedings, the court must weigh the risk of prejudice to the accused against the prejudice to the plaintiff from delay; the existence of substantial overlap between civil and criminal issues does not automatically mandate a stay. Protective orders and case management measures, including confidentiality regimes for proposed defences, may be sufficient to ameliorate the risk of prejudice to the accused's right to a fair trial. Reid v Howard does not preclude such orders where the accused relies on the companion principle rather than the privilege against self-incrimination, and the orders are designed to protect rather than disregard that principle.
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