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Vol 23 No 5 May/June 2018

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Vexatious Litigants and Civil Restraint Orders: A Practitioner's Handbook

ISBN13: 9780854900855
Published: January 2014
Publisher: Wildy, Simmonds and Hill Publishing
Country of Publication: UK
Format: Paperback
Price: £49.00

In stock.

"…accurate, comprehensive and will remain on my bookshelf. I will turn to it whenever I have to advise on a vexatious litigant case. I would recommend it to any practitioner who has to do the same, which all will at some stage.” The Law Gazette

Vexatious Litigants and Civil Restraint Orders is a practical work on this growing area of procedure and law. Aimed at lawyers, judges and civil court litigants generally, it provides a ‘one-stop’ guide and explanation of the law relating to the court’s jurisdiction to control vexatious and/or unmeritorious court claims and applications.

The book explains the historical origins of and responses to vexatious litigation and analyses the legislation and rules designed to meet this threat in the modern era, principally under the civil restraint order provisions of the Civil Procedure Rules and section 42 of the Senior Courts Act 1981.

It outlines case management strategies for preventing and controlling the worst excesses of obsessive litigants, how parties, facing actual or threatened restrictions on their right of access to the courts, can resist and respond to such applications and orders, and the limitations of the current rules regime relating to vexatious litigants and litigation. The book also deals with how the tribunals system and family courts have developed their own rules and procedures to combat abuses of process perpetrated by vexatious litigants.

Central governments cuts to the civil court budget are likely to place even more emphasis on ensuring legitimate use of court time and limited financial resources, and courts will with greater frequency resort to making orders restricting the ability of litigants to persistently misuse the courts processes.

Vexatious Litigants and Civil Restraint Orders guides the court, the practitioner and self-representing litigants around the law and rules, with particular detail given as to the type and procedure of applications that are provided for under the Senior Courts Act and in the civil restraint order regime, and appeals and judicial review against restraint orders that are made.

Wildy, Simmonds and Hill, Courts and Procedure

Table of Cases
Table of Statutes
Table of Statutory Instruments

1 Introduction
Historical origins
Modern developments
Civil Procedure Rules and civil restraint orders

2 Section 42 of the Senior Courts Act 1981
Civil and criminal proceedings
Human rights considerations
Interim injunction
Burden and standard of proof
Statutory preconditions
What constitutes an inferior court?
Vexatious and habitually and persistently
Exercise of discretion
Duration of order
Application for permission to institute, continue or make applications in civil proceedings
Is an application to apply for judicial review the institution of civil proceedings?
When will a defendant require leave under section 42(3) of the Senior Courts Act 1981?
Relationship between judicial review proceedings and section 42(3) leave applications
Policing of vexatious litigants

3 Limited Civil Restraint Orders
Two or more applications ‘totally without merit’
What is the protection afforded by a limited civil restraint order?

4 Extended Civil Restraint Orders
Orders against non-parties
Protection afforded by extended civil restraint orders

5 General Civil Restraint Orders
When would a general civil restraint order be appropriate?
Protection afforded by general civil restraint orders

6 Case Management
Totally without merit certification
Filtering out of the totally without merit
Opportunity to make representations
Discretion to make a civil restraint order

7 Amending or Discharging Civil Restraint Orders
Orders made in absence of a party
Varying or revoking an order: rule 3.1(7) of the Civil Procedure Rules
Setting aside or varying the order: rules 3.3(5), 23.9, 23.11 and 39.3(3) of the Civil Procedure Rules
Requirement for prior permission to amend or discharge the civil restraint order
Application to amend or discharge a civil restraint order
Disguised appeal
Grounds for amendment or discharge
Procedure for applying for permission to amend or discharge

8 Rules and Procedure for Appealing Civil Restraint Orders
Seeking permission to appeal
Permission to appeal and conditional permission to appeal
Appellant’s notice and bundle
Respondent’s notice and bundle
Second appeals
Appeal hearing
Applicable principles to be applied by the appeal court
Appeal court’s powers
Effect of successfully appealing a civil restraint order and what happens afterwards

9 Civil Restraint Orders in other Courts and Tribunals
Costs and strike out orders in the employment tribunal
Costs and strike out orders in the Leasehold Valuation Tribunal and Lands Chamber
Further protection for tribunals
Restriction of proceedings orders: Employment Tribunals and the Employment Appeal Tribunal
Orders under section 42 of the Senior Courts Act 1981
Family proceedings: Practice Direction 4B of the Family Procedure Rules 2010
Family proceedings: section 91(14) of the Children Act 1989

10 Case Studies of Vexatious Litigators