Perkin & Anor v Hawkins & Anor [2025] EWHC 3053 (KB) (17 October 2025)

Perkin & Anor v Hawkins & Anor [2025] EWHC 3053 (KB) (17 October 2025)

Although the respondents have made five applications certified as totally without merit, there have been no further applications or claims since November 2024, the property has been sold, and there is insufficient evidence of persistence or ongoing risk to justify an extended civil restraint order at this time. The statutory demands and correspondence do not amount to claims or applications for the purpose of an ECRO. The application is therefore dismissed against both respondents.

Citation
[2025] EWHC 3053 (KB)
Parties
Claimant/applicant: Timothy Perkin; Claimant/applicant: John Barber; Defendant/respondent: Christopher Henry Hawkins; Defendant/respondent: Jane Anne Wells
Jurisdiction
England and Wales
Judgment Date
17 October 2025
Procedural Posture
Application for Extended Civil Restraint Order / Judgment on Application
Outcome
Application dismissed
Legal Topics
Civil Restraint Orders, Possession Proceedings, Receivership, Vexatious Litigation
Civil Procedure Property Law Civil Restraint Orders Possession Proceedings Receivership Vexatious Litigation

Case Brief

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Parties

Timothy Perkin

Claimant/applicant

John Barber

Claimant/applicant

Christopher Henry Hawkins

Defendant/respondent

Jane Anne Wells

Defendant/respondent

Procedural Posture

Application for Extended Civil Restraint Order / Judgment on Application

Legal Issues

  1. 1 Whether the respondents have persistently issued claims or applications which are totally without merit so as to justify an extended civil restraint order under PD3C to the Civil Procedure Rules 1998.

Ratio Decidendi

Although the respondents have made five applications certified as totally without merit, there have been no further applications or claims since November 2024, the property has been sold, and there is insufficient evidence of persistence or ongoing risk to justify an extended civil restraint order at this time. The statutory demands and correspondence do not amount to claims or applications for the purpose of an ECRO. The application is therefore dismissed against both respondents.

Court Disposition

Application dismissed

Orders

  • The receivers' application for an extended civil restraint order against both respondents is dismissed.