Morgan v Southend County Court

Morgan v Southend County Court

The application for permission to appeal was refused because the claims were wholly devoid of merit, amounted to an abuse of process, and there was no justification for the Court of Appeal's interference. The applicant's proper recourse was to apply in the County Court to set aside the orders made without notice.

Parties
Claimant/appellant: Michael Morgan; Defendant/respondent: Southend County Court; Defendant/respondent: Basildon Community Housing Association; Defendant/respondent: Chief Constable of Essex Police
Jurisdiction
England and Wales
Judgment Date
11 November 2005
Procedural Posture
Civil Appeal / Application for Permission to Appeal
Outcome
Application refused
Legal Topics
Civil Restraint Orders, Abuse of Process, Damages for Unlawful Eviction, Statutory Tort, Article 6 ECHR
Civil Procedure Housing Law Human Rights Civil Restraint Orders Abuse of Process Damages for Unlawful Eviction Statutory Tort Article 6 ECHR

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Parties

Michael Morgan

Claimant/appellant

Southend County Court

Defendant/respondent

Basildon Community Housing Association

Defendant/respondent

Chief Constable of Essex Police

Defendant/respondent

Procedural Posture

Civil Appeal / Application for Permission to Appeal

Legal Issues

  1. 1 Whether the orders striking out the claims were justified as an abuse of process
  2. 2 Whether the Civil Restraint Order was properly made
  3. 3 Whether the applicant had viable claims under sections 12 and 27 of the Housing Act 1988

Ratio Decidendi

The application for permission to appeal was refused because the claims were wholly devoid of merit, amounted to an abuse of process, and there was no justification for the Court of Appeal's interference. The applicant's proper recourse was to apply in the County Court to set aside the orders made without notice.

Court Disposition

Application refused

Orders

  • Application for permission to appeal refused
  • Transcript of judgment to be supplied to appellant at public expense