Dharam Prakash Gopee v The Crown Court at Southwark

Dharam Prakash Gopee v The Crown Court at Southwark

The court held that neither common law nor Article 6 ECHR confers an unfettered right to an oral hearing for making or setting aside a GCRO. The CPR expressly allows such orders to be made without notice or hearing, provided a right to apply to set aside is given. Mr Gopee did not request an oral hearing for his set aside application, so it was properly determined on paper. The process was fair and lawful. Given Mr Gopee’s persistent vexatious litigation, a fresh GCRO is warranted.

Parties
Claimant/appellant: Dharam Prakash Gopee; Defendant/respondent: The Crown Court at Southwark; Interested Party: The Financial Conduct Authority
Jurisdiction
England and Wales
Judgment Date
11 September 2024
Procedural Posture
Civil Appeal / Appeal From King's Bench Division, Administrative Court to Court of Appeal
Outcome
Appeals dismissed; fresh General Civil Restraint Order made against Mr Gopee for three years.
Legal Topics
Civil Restraint Orders, Right to Hearing, Procedural Fairness, Vexatious Litigation
Civil Procedure Civil Restraint Orders Right to Hearing Procedural Fairness Vexatious Litigation

Case Brief

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Parties

Dharam Prakash Gopee

Claimant/appellant

The Crown Court at Southwark

Defendant/respondent

The Financial Conduct Authority

Interested Party

Procedural Posture

Civil Appeal / Appeal From King's Bench Division, Administrative Court to Court of Appeal

Legal Issues

  1. 1 Whether a General Civil Restraint Order (GCRO) can be made or set aside without a hearing
  2. 2 Whether the procedure adopted breached Article 6 ECHR or principles of natural justice
  3. 3 Whether a fresh GCRO should be made against Mr Gopee

Ratio Decidendi

The court held that neither common law nor Article 6 ECHR confers an unfettered right to an oral hearing for making or setting aside a GCRO. The CPR expressly allows such orders to be made without notice or hearing, provided a right to apply to set aside is given. Mr Gopee did not request an oral hearing for his set aside application, so it was properly determined on paper. The process was fair and lawful. Given Mr Gopee’s persistent vexatious litigation, a fresh GCRO is warranted.

Court Disposition

Appeals dismissed; fresh General Civil Restraint Order made against Mr Gopee for three years.

Orders

  • Appeals against the GCRO and set aside order dismissed.
  • A fresh General Civil Restraint Order is made against Mr Gopee for three years, with a schedule of totally without merit orders attached.