Wickramaratna v Cambridge University Chemistry Department [2004] EWCA Civ 1532 (02 November 2004)

Wickramaratna v Cambridge University Chemistry Department [2004] EWCA Civ 1532 (02 November 2004)

A High Court Master has jurisdiction to make a limited civil restraint order. Such orders are not injunctions within the meaning of the Practice Direction to CPR Part 2, and longstanding practice and authority confirm this jurisdiction. The claimant's appeal on this ground is not well founded.

Citation
[2004] EWCA Civ 1532
Parties
Claimant/appellant: Jeevani Wickramaratna; Defendant/respondent: Cambridge University Chemistry Department
Jurisdiction
England and Wales
Judgment Date
02 November 2004
Procedural Posture
Civil Appeal / Appeal From High Court (queen's Bench Division) to Court of Appeal
Outcome
Appeal dismissed
Legal Topics
Civil Restraint Orders, Jurisdiction of Masters, Injunctions, Abuse of Process
Civil Procedure Civil Restraint Orders Jurisdiction of Masters Injunctions Abuse of Process

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Parties

Jeevani Wickramaratna

Claimant/appellant

Cambridge University Chemistry Department

Defendant/respondent

Procedural Posture

Civil Appeal / Appeal From High Court (queen's Bench Division) to Court of Appeal

Legal Issues

  1. 1 Whether a High Court Master has jurisdiction to make a civil restraint order (formerly Grepe v Loam order)
  2. 2 Whether the order made in the claimant's absence should be set aside

Ratio Decidendi

A High Court Master has jurisdiction to make a limited civil restraint order. Such orders are not injunctions within the meaning of the Practice Direction to CPR Part 2, and longstanding practice and authority confirm this jurisdiction. The claimant's appeal on this ground is not well founded.

Court Disposition

Appeal dismissed

Orders

  • Application for permission to appeal refused
  • Applicant to pay £3,000 on account of respondent's costs