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General Civil Restraint Orders

Document Cited authorities 5 Cited in Related
Vincent
AuthorDavid Giles/Maurice Rifat
Pages75-81

Chapter 5

GENERAL CIVIL RESTRAINT ORDERS

5.1 General civil restraint orders are subject to paragraph 4 of Practice Direction 3C of the Civil Procedure Rules, which provides that a general civil restraint order may be made by a judge of the Court of Appeal, a judge of the High Court or a designated civil judge or his appointed deputy in a county court, where the party against whom the order is made persists in issuing claims or making applications which are totally without merit, in circumstances where an extended civil restraint order would not be sufficient or appropriate.

5.2 Paragraph 4.2 (1) of Practice Direction 3C of the Civil Procedure Rules provides that unless the court otherwise orders, where the court makes a general civil restraint order, the party against whom the order is made will be restrained from issuing any claim or making any application in any court if the order has been made by a judge of the Court of Appeal, the High Court or any county court if the order has been made by a judge of the High Court or any county court identified in the order if the order has been made by a designated civil judge or his appointed deputy, without first obtaining the permission of a judge identified in the order.

5.3 The party against whom the order is made may apply for amendment or discharge of the order provided he has first obtained the permission of a judge identified in the order; and under paragraph 4.2(3) of Practice Direction 3C of the Civil Procedure Rules may apply for permission to appeal the order and if permission is granted, may appeal the order.1

1 CPR PD 3C, para 4.2(2).

76 Vexatious Litigants and Civil Restraint Orders

5.4 By paragraph 4.3(1) of Practice Direction 3C of the Civil Procedure Rules, where a party who is subject to a general civil restraint order issues a claim or makes an application in a court identified in the order without first obtaining the permission of a judge identified in the order, the claim or application will automatically be struck out or dismissed without the judge having to make any further order, and without the need for the other party to respond to it.

5.5 Where a party who is subject to a general civil restraint order repeatedly makes applications for permission pursuant to that order which are totally without merit, the court may direct that if the party makes any further application for permission which is totally without merit, the decision to dismiss that application will be final and there will be no right of appeal, unless the judge who refused permission grants permission to appeal.2

5.6 A party who is subject to a general civil restraint order may not make an application for permission under paragraph 4.2(1) or (2) of Practice Direction 3C of the Civil Procedure Rules without first serving notice of the application on the other party in accordance with paragraph 4.5.3

5.7 By paragraph 4.5 of Practice Direction 3C of the Civil Procedure Rules, a notice under paragraph 4.4...

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