Webster v Penley [2023] EWHC 1034 (Ch) (10 March 2023)

It is necessary and proportionate to extend the civil restraint order against Mr Webster for two years to protect the applicants and court resources from further vexatious litigation, given his persistent conduct and failure to accept prior court orders.

Citation: [2023] EWHC 1034 (Ch)
Parties: Claimant/respondent: Rupert St John Webster; Defendant/applicant: John Francis Penley; Defendant/applicant: Alison Virginia Ashcroft
Jurisdiction: England and Wales
Judgment Date: 10 March 2023
Procedural Posture: Application to Extend Civil Restraint Order / Judgment on Application
Outcome: Application granted
Legal Topics: Civil Restraint Orders, Vexatious Litigation, Professional Negligence, Estate Administration

Civil Procedure Trusts and Probate Civil Restraint Orders Vexatious Litigation Professional Negligence Estate Administration

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Parties

Rupert St John Webster

Claimant/respondent

John Francis Penley

Defendant/applicant

Alison Virginia Ashcroft

Defendant/applicant

Procedural Posture

Application to Extend Civil Restraint Order / Judgment on Application

Legal Issues

1 Whether to extend the existing civil restraint order against Mr Webster
2 Appropriate duration for extension of civil restraint order
3 Necessity and proportionality of restraining further proceedings

Ratio Decidendi

Court Disposition

Application granted

Orders

Civil restraint order extended for two years from 10 March 2023
Mr Webster to pay costs of the application assessed at £14,000 on the standard basis