The following Dispute Resolution guidance note provides comprehensive and up to date legal information covering:
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.
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).
Judges with the power to make an ECRO are (CPR PD 3C, para 3.1):
a judge of the Court of Appeal
a judge of the High Court
a designated civil judge or
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