Gopee v Crown Court at Southwark [2023] EWCA Civ 881 (25 July 2023)

Gopee v Crown Court at Southwark [2023] EWCA Civ 881 (25 July 2023)

The court held that neither at common law nor under Article 6 ECHR is there an unfettered right to an oral hearing; the CPR expressly allows for civil restraint orders to be made without notice or hearing, provided there is a right to apply to set aside. In this case, the procedures adopted were lawful and fair. The set aside application was properly determined without a hearing as Mr Gopee requested a paper determination. The making of a fresh GCRO was justified by Mr Gopee's persistent vexatious litigation.

Citation
[2023] EWCA Civ 881
Parties
Claimant/appellant: Dharam Prakash Gopee; Defendant/respondent: The Crown Court at Southwark; Interested Party: The Financial Conduct Authority
Jurisdiction
England and Wales
Judgment Date
25 July 2023
Procedural Posture
Civil Appeal / Appeal From High Court (administrative Court) to Court of Appeal
Outcome
Appeals dismissed; fresh General Civil Restraint Order made against Mr Gopee for three years.
Legal Topics
Civil Restraint Orders, Access to Justice, Procedural Fairness, Vexatious Litigation
Civil Procedure Judicial Review Civil Restraint Orders Access to Justice Procedural Fairness Vexatious Litigation

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 4 Authorities cited 17 Party arguments 2 Amounts and remedies 3
Sign in to unlock

Parties

Dharam Prakash Gopee

Claimant/appellant

The Crown Court at Southwark

Defendant/respondent

The Financial Conduct Authority

Interested Party

Procedural Posture

Civil Appeal / Appeal From High Court (administrative Court) to Court of Appeal

Legal Issues

  1. 1 Whether a General Civil Restraint Order (GCRO) can be made or set aside without a hearing
  2. 2 Whether the procedure adopted in making and refusing to set aside the GCRO was lawful and fair

Ratio Decidendi

The court held that neither at common law nor under Article 6 ECHR is there an unfettered right to an oral hearing; the CPR expressly allows for civil restraint orders to be made without notice or hearing, provided there is a right to apply to set aside. In this case, the procedures adopted were lawful and fair. The set aside application was properly determined without a hearing as Mr Gopee requested a paper determination. The making of a fresh GCRO was justified by Mr Gopee's persistent vexatious litigation.

Court Disposition

Appeals dismissed; fresh General Civil Restraint Order made against Mr Gopee for three years.

Orders

  • Appeals against the GCRO and set aside order dismissed.
  • A fresh General Civil Restraint Order is made against Mr Gopee for three years.