This detailed and practical work on this growing area of procedure and law is aimed at lawyers, judges and civil court litigants generally, it provides a ‘one-stop’ guide and explanation of the law relating to the court’s jurisdiction to control vexatious and/or unmeritorious court claims and applications.

Foreword Table of Cases Table of Statutes Table of Statutory Instruments 1 INTRODUCTION Causes Historical origins Modern developments Civil Procedure Rules and civil restraint orders 2 SECTION 42 OF THE SENIOR COURTS ACT 1981 Civil and criminal proceedings Human rights considerations Procedure Interim injunction Burden and standard of proof Statutory preconditions What constitutes an inferior court? Vexatious and habitually and persistently Exercise of discretion Duration of order Costs Application for permission to institute, continue or make applications in civil proceedings Is an application to apply for judicial review the institution of civil proceedings? When will a defendant require leave under section 42(3) of the Senior Courts Act 1981? Relationship between judicial review proceedings and section 42(3) leave applications Policing of vexatious litigants 3 LIMITED CIVIL RESTRAINT ORDERS Summary Procedure Two or more applications ‘totally without merit’ Discretion What is the protection afforded by a limited civil restraint order? 4 EXTENDED CIVIL RESTRAINT ORDERS Summary Procedure Persistence Orders against non-parties Discretion Protection afforded by extended civil restraint orders 5 GENERAL CIVIL RESTRAINT ORDERS Summary Procedure When would a general civil restraint order be appropriate? Protection afforded by general civil restraint orders 6 CASE MANAGEMENT Totally without merit certification Filtering out of the totally without merit Opportunity to make representations Discretion to make a civil restraint order 7 AMENDING OR DISCHARGING CIVIL RESTRAINT ORDERS Orders made in absence of a party Varying or revoking an order: rule 3.1(7) of the Civil Procedure Rules Setting aside or varying the order: rules 3.3(5), 23.9, 23.11 and 39.3(3) of the Civil Procedure Rules Requirement for prior permission to amend or discharge the civil restraint order Application to amend or discharge a civil restraint order Disguised appeal Grounds for amendment or discharge Procedure for applying for permission to amend or discharge 8 RULES AND PROCEDURE FOR APPEALING CIVIL RESTRAINT ORDERS Seeking permission to appeal Permission to appeal and conditional permission to appeal Appellant’s notice and bundle Respondent’s notice and bundle Second appeals Appeal hearing Applicable principles to be applied by the appeal court Appeal court’s powers Effect of successfully appealing a civil restraint order and what happens afterwards 9 CIVIL RESTRAINT ORDERS IN OTHER COURTS AND TRIBUNALS Costs and strike out orders in the employment tribunal Costs and strike out orders in the Leasehold Valuation Tribunal and Lands Chamber Further protection for tribunals Restriction of proceedings orders: Employment Tribunals and the Employment Appeal Tribunal Orders under section 42 of the Senior Courts Act 1981 Family proceedings: Practice Direction 4B of the Family Procedure Rules 2010 Family proceedings: section 91(14) of the Children Act 1989 10 CASE STUDIES OF VEXATIOUS LITIGATORS