Extended civil restraint orders
Extended civil restraint orders

The following Dispute Resolution guidance note provides comprehensive and up to date legal information covering:

  • Extended civil restraint orders
  • What is an extended civil restraint order (ECRO)?
  • Who can make an ECRO?
  • What is the test for making an ECRO?
  • Has the party persistently issued claims or made applications which are totally without merit?
  • Will the court exercise its discretion to make an ECRO?
  • What is the effect and duration of an ECRO?
  • Can an ECRO be extended?
  • What are the consequences of breaching an ECRO?
  • When can an ECRO be discharged or set aside?

This Practice Note should be read in conjunction with Practice Note: Civil restraint orders which deals with general information on civil restraint orders (CROs) that is common to all types of CRO. Also see Practice Notes: Limited civil restraint orders, General civil restraint orders and Civil proceedings orders against vexatious litigants for information on other orders that can be made against vexatious litigants.

What is an extended civil restraint order (ECRO)?

An ECRO may be made where a party has persistently issued claims or made applications which are totally without merit (TWM) (CPR PD 3C, para 3.1).

It prevents the party from making further applications or claims in specified courts which relate to the matters being dealt with in the current proceedings, without the prior permission of the court (CPR PD 3C, para 3.2).

The Court of Appeal has indicated that the court should be more willing to make ECROs to curb the increasing nuisance caused by vexatious litigants as per Lord Phillips in Bhamjee v Forsdick.

An example of an ECRO is attached to CPR PD 3C (Form N19A) (CPR PD 3C, para 5.3).

Who can make an ECRO?

Judges with the power to make an ECRO are (CPR PD 3C, para 3.1):

  1. a judge of the Court of Appeal

  2. a judge of the High Court

  3. a designated civil judge or