Civil Restraint Orders: Some Guidance from the High Court - Thomas Crockett, 1 Chancery Lane
07/02/14. The imposition of a Civil Restraint Order (“CRO”) is among the most draconian sanctions available to the civil courts. They prevent a party from making applications or issuing claims without the same first being vetted by a judge. There are three types of CRO (see CPR PD 3C): “Limited” – restricted to application within specific proceedings; “Extended” – restricted to applications or claims concerning any matter involving or relating to or touching upon or leading to the proceedings in which the order is made; and “General” – akin to a Vexatious Litigant Order, though limited to two years.
There is little readily-available guidance as to when courts may be prepared to order the imposition of a CRO and which of the three species of the same is appropriate in what circumstances, beyond that two, more or persistent applications which are “totally without merit” are required before an application will be entertained. It is unclear however whether this is a prescriptive test for applications formally certified pursuant to...
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