High Court grants Council’s application for an Extended Civil Restraint Order for the maximum period

11 Feb 2022

Local Government

Melvilina Gavin v Birmingham City Council

This week, HHJ Kelly, sitting as a judge of the High Court, granted the Council’s application for an Extended Civil Restraint Order for the maximum period of 2 years.

The Order prevents the Claimant from bringing further claims or applications against the Council without the Court’s permission. The Council applied for the Order after the claimant brought 7 claims against it over a ten-year period which were found to be Totally Without Merit.

The Court accepted the submission that the sincerity of the Claimant’s belief in the validity of her claims heightened the threat to the Court of further unmeritorious claims. The Court was sceptical that promises made by the Claimant at the hearing as to her future intentions not to bring further litigation could be relied upon. Each time the Court had to deal with a meritless claim by the Claimant, resources were diverted from other claims which deserved the Court’s attention. The Court found that this was an abuse of process that would only be restrained by an Extended Civil Restraint Order.

Olivia Davies was instructed by Birmingham City Council

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