AuthorDavid Giles/Maurice Rifat


References are to page numbers

Absence of a party, orders
made in 93–7

All proceedings orders 154 Amending an order 93, 106, 120–1 application to amend 108–10 procedure 117–18 disguised appeal 113 grounds for amendment 113–17 requirement for prior permission 101–8 Appeal
disguised appeal 113 leave application under

Senior Courts Act
1981, s 42(3) 45–7 relationship with
judicial review proceedings 48–50 rules and procedure 119–22 appeal court’s powers 136 appeal hearing 134 appellant’s notice and bundle 131–2 applicable principle to
be applied by the appeal court 134–5 effect of successfully appealing a civil restraint order 137

permission and
conditional permission to
appeal 126–31

respondent’s notice
and bundle 132–3

second appeals 133 seeking permission to
appeal 122–6 Application for permission to institute, continue or
make applications in
Civil proceedings 33–40 Attorney General 19–21, 22

Burden of proof 22

Case management 83 discretion to make a
civil restraint
order 87–92

opportunity to make representations 86–7

totally without merit certification 83–4

filtering out totally
without merit
claims 84–6

198 Vexatious Litigants and Civil Restraint Orders

Chaffers, Alexander 4, 5 civil proceedings: distinguished from criminal
proceedings 16–17

civil proceedings orders duration of order 30–1 list of individuals subject
to 7 procedure for obtaining 19–22 statutory preconditions 23 Civil restraint orders
amending an order 93, 106,

120–1 application to amend 108–10 disguised appeal 113 grounds for
amendment 113–17 procedure: applying
for permission
requirement for prior permission 101–8 appeal see Appeal
case management see

Case management
Civil Procedure Rules
and 11–14 discharging an order 93, 106 application to
discharge 110–13 grounds for
discharge 113–17 procedure: applying
for permission 117–18,

120 requirement for prior permission 101–8 discretion to make 87–92 extended orders see

Extended civil restraint orders

general orders see

General civil
restraint orders
limited orders see Limited restraint orders
orders made in absence of
a party 93–7 other courts and tribunals 139 see also Family proceedings;
revoking an order 93, 97–9, 106 setting aside an
order 93, 99–101, 106 varying an
order 93, 97–101, 120–1 Contempt proceedings 24 Costs 33

Employment Tribunal 140–3 interim costs orders 39–40 Leasehold Valuation

Tribunal and Lands Chamber 143 Criminal proceedings: distinguished from civil proceedings 16–17

Discharging an...

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