CFC 26 Ltd and another v Brown Shipley & Co Ltd and others [2017] EWHC 1594 (Ch), [2017] All ER (D) 03 (Jul)
The Chancery Division, in making an extended civil restraint order (ECRO) against the sixth defendant (Y) in proceedings concerning an underlease of a property, held that an ECRO could not be made, under Practice Direction 3C, unless there had, overall, been, at least, three totally without merit claims or applications. Y had unsuccessfully applied for an injunction to restrain receivers from selling the property, along with other applications and claims. The court held that he had made, at least, three totally without merit applications in respect of the sale of the property and, accordingly, he had to be considered to have ‘persistently issued claims or made applications which are totally without merit’, within the meaning of para 3.1 of Practice Direction 3C.
