header-logo header-logo

14 August 2015
Issue: 7665 / Categories: Case law , Judicial line , In Court
printer mail-detail

Once is enough

If a litigant has not made at least two “totally devoid of merit” applications so that they are not susceptible to a civil restraint order, is the court nevertheless still empowered to debar a second application without its prior permission. I have an application to suspend a warrant of possession especially in mind?

The court is generally regarded as having the case management power to debar a second or successive application (see CPR 3.1(2) (m) and/or 3.1(3) (b)). This would impose a light touch procedural hurdle for the party where a restraint order is either unavailable or inappropriate. However, the reality of the situation is that litigants tend to disregard the hurdle and the court staff are unlikely to be unaware that it has been imposed when the next application is issued and listed. The restraint order which can be made where two applications have been dismissed as being totally devoid of merit is the more effective course.

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

NLJ Career Profile: Nikki Bowker, Devonshires

NLJ Career Profile: Nikki Bowker, Devonshires

Nikki Bowker, head of dispute resolution at Devonshires, on career resilience, diversity in law and channelling Elle Woods when the pressure is on

Ellisons—Sarah Osborne

Ellisons—Sarah Osborne

Leasehold enfranchisement specialist joins residential property team

DWF—Chris Air

DWF—Chris Air

Firm strengthens commercial team in Manchester with partner appointment

NEWS
The government will aim to pass legislation banning leasehold for new flats and capping ground rent, introducing non-compulsory digital ID and creating a ‘duty of candour’ for public servants (also known as the Hillsborough law) in the next Parliament

An Italian financier has lost his bid to block his Australian wife from filing divorce papers in England on the basis it was no longer her domicile of choice

Reforms to the disclosure regime in the business and property courts have not achieved their objectives, lawyers have warned
The Law Society has urged ministers to hold a public consultation on the use of artificial intelligence (AI) in the justice system as a whole
Ministers have proposed bringing inquest work under a single fee scheme for legal help and advocacy legal aid work
back-to-top-scroll