Unmeritorious applications

The guidance on the limited restraint on troublesome litigators given by the Court of Appeal in Bhamjee v Forsdick and others (No 2) [2003] EWCA Civ 1113 has now been incorporated in CPR Parts 3, 23 and 25 with a comprehensive Practice Direction 3C. There is a variety of orders – a limited civil restraint order, which may be made by a judge of any court where a party has made two or more ‘totally unmeritorious applications’, that restrains a party from making any further applications in those proceedings without the permission of a specified judge. An extended civil restraint order may only be made by a judge of the High Court or Court of Appeal or, in the county court, a designated civil judge. It restrains a party from issuing claims or making applications ‘concerning any matter involving or relating to or touching upon or leading to’ the proceedings in which it is made without first obtaining the permission of a specified judge. Breaches of an extended order may result in a general civil restraint order being made. The new rules provide that where a statement of case or application is struck out or dismissed, which is totally without merit, the court must specify that fact on the face of the order and must consider whether to make a civil restraint order. Similar provision is made where an appeal court refuses an application for permission to appeal, strikes out an appellant’s notice or dismisses an appeal.