header-logo header-logo

Practice

07 July 2017
Issue: 7753 / Categories: Case law , Law digest , In Court
printer mail-detail

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.

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

Quinn Emanuel—James McSweeney

Quinn Emanuel—James McSweeney

London promotion underscores firm’s investment in white collar and investigations

Ward Hadaway—Louise Miller

Ward Hadaway—Louise Miller

Private client team strengthened by partner appointment

NLJ Career Profile: Kate Gaskell, Flex Legal

NLJ Career Profile: Kate Gaskell, Flex Legal

Kate Gaskell, CEO of Flex Legal, reflects on chasing her childhood dreams underscores the importance of welcoming those from all backgrounds into the profession

NEWS
One in five in-house lawyers suffer ‘high’ or ‘severe’ work-related stress, according to a report by global legal body, the Association of Corporate Counsel (ACC)
The Legal Ombudsman’s (LeO’s) plea for a budget increase has been rejected by the Law Society and accepted only ‘with reluctance’ by conveyancers
Overcrowded prisons, mental health hospitals and immigration centres are failing to meet international and domestic human rights standards, the National Preventive Mechanism (NPM) has warned
Two speedier and more streamlined qualification routes have been launched for probate and conveyancing professionals
Workplace stress was a contributing factor in almost one in eight cases before the employment tribunal last year, indicating its endemic grip on the UK workplace
back-to-top-scroll