Extended civil restraint orders—FPR 2010

Copyright © 2025 LexisNexis
Published by a LexisNexis Family expert
Practice notes

Extended civil restraint orders—FPR 2010

Copyright © 2025 LexisNexis

Published by a LexisNexis Family expert

Practice notes
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This Practice Note explains extended civil restraint orders (ECROs). It covers the effect of such orders and the consequences of any breach. It also explains how to make an application using the procedure under Part 18 of the Family Procedure Rules 2010 (FPR 2010), the duration and extension of such orders and applications for permission.

Introduction

An ECRO can be made where a party has persistently made applications that are totally without merit, meaning ‘bound to fail’. The precise boundaries of ‘totally without merit’ have received considerable attention in the context of applications for judicial review. In the context of orders made under the Civil Procedure Rules 1998 (CPR), SI 1998/3132 ‘persistently’ is taken to mean having made at least three earlier claims or applications that were totally without merit. An ECRO can be made by a judge of High Court level or above, a Designated Family Judge (DFJ) or a deputy DFJ.

Effect of ECRO

Where the court makes an ECRO, the party against which the order is made:

  1. •

    will be restrained from making applications

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Jurisdiction(s):
United Kingdom
Related legal acts:
Key definition:
Restraint orders definition
What does Restraint orders mean?

A restraint order is an order made by the Crown Court the Proceeds of Crime Act 2002 (POCA 2002), s 41 and such an order prohibits any person from dealing with any realisable property which he holds.

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