Wickramaratna v Cambridge University Chemistry Department
A High Court Master has jurisdiction to make a limited civil restraint order, and the order made by Master Fontaine was valid. The claimant's appeal on the ground of lack of jurisdiction is not well founded.
- Parties
- Claimant/appellant: Jeevani Wickramaratna; Defendant/respondent: Cambridge University Chemistry Department
- Jurisdiction
- England and Wales
- Judgment Date
- 02 November 2004
- Procedural Posture
- Civil Appeal / Appeal From High Court to Court of Appeal
- Outcome
- Appeal dismissed; application for permission to appeal refused
- Legal Topics
- Civil Restraint Orders, Jurisdiction of Masters, Injunctions, Strike Out Applications
Case Brief
Summary, issues, holding and outcome
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Parties
Jeevani Wickramaratna
Claimant/appellant
Cambridge University Chemistry Department
Defendant/respondent
Procedural Posture
Civil Appeal / Appeal From High Court to Court of Appeal
Legal Issues
- 1 Whether a High Court Master has jurisdiction to make a civil restraint order (Grepe v Loam order)
- 2 Whether the order striking out the claim and barring further applications without leave was validly made
- 3 Whether procedural errors or illness of the claimant affected the validity of the order
Ratio Decidendi
A High Court Master has jurisdiction to make a limited civil restraint order, and the order made by Master Fontaine was valid. The claimant's appeal on the ground of lack of jurisdiction is not well founded.
Court Disposition
Appeal dismissed; application for permission to appeal refused
Orders
- Applicant to pay £3,000 on account of the respondent's costs
- Any further application for costs to go for detailed assessment
Full Case Text
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