CA-2024-002683-B - [2025] EWCA Civ 1107

Having certified two applications – the two applications to re-open the order of 14 May 2025 – as being totally without merit. I considered whether to make a limited civil restraint order pursuant to CPR 3.3(4) and 3.11 and Practice Direction 3C – Civil Restraint Orders. As is explained at paragraph 20 of Gopee, a limited civil restraint order is the narrowest, that is the most limited, form of such order that may be made. It restrains the person from issuing applications without the permission of a judge. Paragraph 2.1 of Practice Direction provides that the court may make a limited civil restraint order where a party has made 2 applications which were certified as being totally without merit. That applied in this case and I considered, therefore, whether to make an order. I decided that it was appropriate to make such an order in the present case. The applicant was using up considerable public and judicial resources and time to deal with unmeritorious applications. That was particularly unfair to other litigants – instead of time and resources being spent on dealing expeditiously with their cases, time and effort were being spent on dealing with repeated and totally unmeritorious applications being made by the applicant.