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 in five different sets of proceedings, and has demonstrated a persistent refusal to accept adverse decisions, justifying the imposition of a general civil restraint order as lesser measures would be insufficient.

Citation
[2020] EWHC 2729 (QB)
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 / Application for General Civil Restraint Order Following Multiple Strike Outs and Findings of Totally Without Merit
Outcome
General civil restraint order made 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 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 / Application for General Civil Restraint Order Following Multiple Strike Outs and Findings of Totally Without Merit

Legal Issues

  1. 1 Whether Mr Howell has persistently issued claims or made applications which are totally without merit
  2. 2 Whether an extended civil restraint order would be sufficient or appropriate
  3. 3 Whether a general civil restraint order should be made against Mr Howell

Ratio Decidendi

Mr Howell has issued at least seven claims or applications certified as totally without merit in five different sets of proceedings, and has demonstrated a persistent refusal to accept adverse decisions, justifying the imposition of a general civil restraint order as lesser measures would be insufficient.

Court Disposition

General civil restraint order made 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 of a High Court Judge.
  • Mr Howell is prohibited from acting as litigation friend or trustee for Adam Howell in issuing claims or applications.