Fernie v Burton Waters Management Ltd [2025] EWHC 2207 (KB) (24 January 2025)

Fernie v Burton Waters Management Ltd [2025] EWHC 2207 (KB) (24 January 2025)

Mr Darren Fernie is the real party behind persistent, vexatious, and totally without merit litigation and applications, including those nominally brought by Mr Joshua Fernie. The evidence establishes persistence, irrational refusal to accept adverse decisions, and a pattern of abuse of court process. The VAT fraud allegations are unsubstantiated and do not undermine the validity of the costs orders. Both Mr Darren Fernie and Mr Joshua Fernie meet the criteria for civil restraint orders, and a third-party costs order is justified against Mr Darren Fernie.

Citation
[2025] EWHC 2207 (KB)
Parties
Claimant: Joshua John Fernie; 1st Defendant: Burton Waters Management Ltd; 2nd Defendant: Banks Long and Co.; Third Party: Darren Fernie
Jurisdiction
England and Wales
Judgment Date
24 January 2025
Procedural Posture
High Court Civil Proceedings (costs and Civil Restraint Order Applications) / Post Trial Judgment on Third Party Costs and Civil Restraint Orders
Outcome
Civil restraint orders (CROs) granted against both Mr Darren Fernie and Mr Joshua Fernie; third-party costs order confirmed against Mr Darren Fernie; further directions to be made in related proceedings.
Legal Topics
Civil Restraint Orders, Third Party Costs Orders, Vexatious Litigation, Service Charges, VAT on Legal Costs
Civil Procedure Costs Property Law Civil Restraint Orders Third Party Costs Orders Vexatious Litigation Service Charges VAT on Legal Costs

Case Brief

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Parties

Joshua John Fernie

Claimant

Burton Waters Management Ltd

1st Defendant

Banks Long and Co.

2nd Defendant

Darren Fernie

Third Party

Procedural Posture

High Court Civil Proceedings (costs and Civil Restraint Order Applications) / Post Trial Judgment on Third Party Costs and Civil Restraint Orders

Legal Issues

  1. 1 Whether a third-party costs order should be made against Mr Darren Fernie
  2. 2 Whether civil restraint orders (CROs) should be imposed against Mr Darren Fernie and/or Mr Joshua Fernie
  3. 3 Whether the conduct of the parties amounts to persistent vexatious litigation justifying CROs

Ratio Decidendi

Mr Darren Fernie is the real party behind persistent, vexatious, and totally without merit litigation and applications, including those nominally brought by Mr Joshua Fernie. The evidence establishes persistence, irrational refusal to accept adverse decisions, and a pattern of abuse of court process. The VAT fraud allegations are unsubstantiated and do not undermine the validity of the costs orders. Both Mr Darren Fernie and Mr Joshua Fernie meet the criteria for civil restraint orders, and a third-party costs order is justified against Mr Darren Fernie.

Court Disposition

Civil restraint orders (CROs) granted against both Mr Darren Fernie and Mr Joshua Fernie; third-party costs order confirmed against Mr Darren Fernie; further directions to be made in related proceedings.

Orders

  • General Civil Restraint Order made against Mr Darren Fernie, restraining him from issuing claims or making applications in any court or tribunal without permission for two years.
  • General Civil Restraint Order made against Mr Joshua Fernie on the same terms.