Kumar, R (on the application of) v Secretary of State for Constitutional Affairs [2006] EWCA Civ 990 (13 July 2006)

Kumar, R (on the application of) v Secretary of State for Constitutional Affairs [2006] EWCA Civ 990 (13 July 2006)

Moses J had no power to make a general CRO under the CPR without a prior extended CRO, nor was it appropriate to invoke inherent jurisdiction where the CPR regime applied. However, there was sufficient evidence to justify an extended CRO against Mr Kumar due to his persistent issuance of totally without merit claims, but the procedure before Moses J was unfair due to lack of proper notice. The Court of Appeal therefore set aside the general CRO and substituted an extended CRO effective for two years.

Citation
[2006] EWCA Civ 990
Parties
Claimant/appellant: Ranbir Kumar; Defendant/respondent: Secretary of State for Constitutional Affairs
Jurisdiction
England and Wales
Judgment Date
13 July 2006
Procedural Posture
Appeal (civil) / Appeal From Administrative Court; Application for Permission to Appeal; Appeal Against General Civil Restraint Order
Outcome
Appeal allowed in part; general CRO set aside; extended CRO imposed for two years against Mr Kumar.
Legal Topics
Civil Restraint Orders, Vexatious Litigation, Judicial Review Procedure, Human Rights Act 1998, Court Jurisdiction
Civil Procedure Judicial Review Human Rights Civil Restraint Orders Vexatious Litigation Judicial Review Procedure Human Rights Act 1998 Court Jurisdiction

Case Brief

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Parties

Ranbir Kumar

Claimant/appellant

Secretary of State for Constitutional Affairs

Defendant/respondent

Procedural Posture

Appeal (civil) / Appeal From Administrative Court; Application for Permission to Appeal; Appeal Against General Civil Restraint Order

Legal Issues

  1. 1 Whether the Administrative Court had jurisdiction to review decisions of the High Court District Registry
  2. 2 Whether a general Civil Restraint Order (CRO) could be made under the Civil Procedure Rules (CPR) without a prior extended CRO
  3. 3 Whether the inherent jurisdiction of the court permitted a general CRO despite the CPR regime

Ratio Decidendi

Moses J had no power to make a general CRO under the CPR without a prior extended CRO, nor was it appropriate to invoke inherent jurisdiction where the CPR regime applied. However, there was sufficient evidence to justify an extended CRO against Mr Kumar due to his persistent issuance of totally without merit claims, but the procedure before Moses J was unfair due to lack of proper notice. The Court of Appeal therefore set aside the general CRO and substituted an extended CRO effective for two years.

Court Disposition

Appeal allowed in part; general CRO set aside; extended CRO imposed for two years against Mr Kumar.

Orders

  • General Civil Restraint Order made by Moses J set aside.
  • Extended Civil Restraint Order imposed against Mr Kumar for two years, restraining him from issuing claims or making applications in the Court of Appeal, High Court, or any county court relating to the proceedings without permission of a nominated judge.