Howell v Evans & Anor [2020] EWHC 2729 (QB) (16 October 2020)

Howell v Evans & Anor [2020] EWHC 2729 (QB) (16 October 2020)

Mr Howell has issued at least seven claims or applications certified as totally without merit across five different sets of proceedings, and further applications found to be totally without merit. He has demonstrated a persistent refusal to accept adverse decisions and a pattern of vexatious litigation against different parties. An extended civil restraint order would not be sufficient; only a general civil restraint order is proportionate and necessary to prevent further abuse of process and protect court resources.

Citation
[2020] EWHC 2729
Parties
Claimant/respondent: Mr Mark Howell; Defendant/applicant: David Evans; Defendant/applicant: Lord Iain McNicol; Defendant/respondent: Ian Stewart
Jurisdiction
England and Wales
Judgment Date
16 October 2020
Procedural Posture
Civil (queen's Bench Division) / Application for General Civil Restraint Order Following Multiple Strike Outs
Outcome
General civil restraint order granted against Mr Howell for two years until 10 September 2022.
Legal Topics
Civil Restraint Orders, Vexatious Litigation, Abuse of Process, Strike Out Applications
Civil Procedure Litigation Management Civil Restraint Orders Vexatious Litigation Abuse of Process Strike Out Applications

Case Brief

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Parties

Mr Mark Howell

Claimant/respondent

David Evans

Defendant/applicant

Lord Iain McNicol

Defendant/applicant

Ian Stewart

Defendant/respondent

Procedural Posture

Civil (queen's Bench Division) / Application for General Civil Restraint Order Following Multiple Strike Outs

Legal Issues

  1. 1 Whether Mr Howell has persistently issued claims or applications totally without merit
  2. 2 Whether a general civil restraint order is justified and proportionate
  3. 3 Whether previous applications and claims meet the threshold for 'totally without merit'

Ratio Decidendi

Mr Howell has issued at least seven claims or applications certified as totally without merit across five different sets of proceedings, and further applications found to be totally without merit. He has demonstrated a persistent refusal to accept adverse decisions and a pattern of vexatious litigation against different parties. An extended civil restraint order would not be sufficient; only a general civil restraint order is proportionate and necessary to prevent further abuse of process and protect court resources.

Court Disposition

General civil restraint order granted against Mr Howell for two years until 10 September 2022.

Orders

  • Mr Howell is subject to a general civil restraint order prohibiting him from issuing claims or applications in the High Court or County Court without permission from Mrs Justice Tipples or another High Court Judge in the Queen's Bench Division.
  • The order also prohibits Mr Howell from issuing claims or applications as litigation friend, trustee, or otherwise on behalf of Adam Howell.