Share on LinkedInShare on LinkedIn

ARTICLE · 05 DECEMBER 2011

Applications 'Totally Without Merit'? Criteria For Civil Restraint Orders

Withers LLP
Withers LLP
Contributor
Withers LLP

Withers LLP

Withers is an international law firm focused on the personal, business and philanthropic interests...

View firm profile
Explore more from Withers LLP

Litigation can often be a trying process, but what does a party to litigation do when faced with the unpalatable situation of having a claim issued against them by a litigant in person who fails to follow procedure and bombards the court with irrelevant materials and/or applications that are ‘totally without merit’?

United KingdomLitigation, Mediation & Arbitration

Litigation can often be a trying process, but what does a party to litigation do when faced with the unpalatable situation of having a claim issued against them by a litigant in person who fails to follow procedure and bombards the court with irrelevant materials and/or applications that are 'totally without merit'? And what if the litigant in person refuses to accept the court's rejection of their applications or claims, and persists returning to court to ask again and again for essentially the same relief?

In theory, the court's power to make a party pay the other side's costs in failed applications and claims should deter this behaviour. But in these rare cases, the litigant in person is often impecunious, so is not paying any court fees to issue claims or applications, and has no money to pay costs orders made against them. Knowing that the court must give litigants in person a considerable degree of latitude, the other party and their lawyers cannot simply

We operate a free-to-view policy, asking only that you register in order to read all of our content. Please login or register to view the rest of this article.

See more popular content from