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Practice

07 July 2017
Issue: 7753 / Categories: Case law , Law digest , In Court
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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.

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MOVERS & SHAKERS

Birketts—trainee cohort

Birketts—trainee cohort

Firm welcomes new cohort of 29 trainee solicitors for 2025

Keoghs—four appointments

Keoghs—four appointments

Four partner hires expand legal expertise in Scotland and Northern Ireland

Brabners—Ben Lamb

Brabners—Ben Lamb

Real estate team in Yorkshire welcomes new partner

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