- Multiple set-aside applications and civil restraint orders (Re Juraid Anwer)
- What are the practical implications of this case?
- What was the background?
- What did the court decide?
- Case details
Restructuring & Insolvency analysis: In an application for an extended civil restraint order (ECRO) or limited civil restraint order (LCRO), the court granted relief against Mr Anwer—a litigant in person that had brought a total of seven applications which were totally without merit. Central Bridging Loans Ltd (CBL) had issued a statutory demand against Mr Anwer in respect of sums due under a loan. Mr Anwer applied to have the statutory demand set aside, and also brought proceedings against CBL in the County Court, both on the alleged basis that CBL had intentionally and fraudulently delayed the sale of his property, against which the loan was secured, to increase the interest payable to them. The court held that CBL had demonstrated the necessary degree of persistence to warrant the making of an ECRO. The case should act as a warning for individuals who wish to set aside statutory demands and issue more than one application to do so—unless the basis for a second application is different, it might be dismissed as totally without merit and become a factor justifying the imposition of an ECRO. Written by Karl Anderson, barrister, at 4 Stone Buildings.
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