London Borough of Camden Council & Anor v Saint Benedict's Land Trust Ltd

London Borough of Camden Council & Anor v Saint Benedict's Land Trust Ltd

SBLT has persistently made at least seven totally without merit applications in less than two years, repeatedly seeking to relitigate decided issues and making meritless adjournment applications. There is a clear risk of further abuse if unrestrained. An extended civil restraint order would be insufficient due to the breadth and ongoing nature of SBLT’s litigation. A general civil restraint order for two years is necessary, just, and proportionate. Costs are summarily assessed at £20,040, with a reduction in solicitors’ hourly rates to a reasonable market rate.

Parties
Creditor / Respondent: London Borough of Camden Council; Creditor / Respondent: Preston City Council; Debtor / Appellant: Saint Benedict’s Land Trust Limited
Jurisdiction
England and Wales
Judgment Date
20 December 2019
Procedural Posture
Insolvency Appeal and Application for Civil Restraint Order / Post Appeal, Determination of Civil Restraint Order and Costs
Outcome
General civil restraint order made against SBLT for two years; costs summarily assessed against SBLT.
Legal Topics
Civil Restraint Orders, Totally Without Merit Applications, Costs Assessment, Abuse of Process
Insolvency Civil Procedure Civil Restraint Orders Totally Without Merit Applications Costs Assessment Abuse of Process

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 5 Authorities cited 14 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

London Borough of Camden Council

Creditor / Respondent

Preston City Council

Creditor / Respondent

Saint Benedict’s Land Trust Limited

Debtor / Appellant

Procedural Posture

Insolvency Appeal and Application for Civil Restraint Order / Post Appeal, Determination of Civil Restraint Order and Costs

Legal Issues

  1. 1 Whether a civil restraint order should be made against SBLT and in what form
  2. 2 Whether SBLT's conduct constitutes persistent issuance of totally without merit applications
  3. 3 Appropriate assessment of costs and whether summary or detailed assessment is warranted

Ratio Decidendi

SBLT has persistently made at least seven totally without merit applications in less than two years, repeatedly seeking to relitigate decided issues and making meritless adjournment applications. There is a clear risk of further abuse if unrestrained. An extended civil restraint order would be insufficient due to the breadth and ongoing nature of SBLT’s litigation. A general civil restraint order for two years is necessary, just, and proportionate. Costs are summarily assessed at £20,040, with a reduction in solicitors’ hourly rates to a reasonable market rate.

Court Disposition

General civil restraint order made against SBLT for two years; costs summarily assessed against SBLT.

Orders

  • General civil restraint order against SBLT for two years, requiring permission of Supperstone J for any new claims or applications in the High Court or County Court.
  • SBLT to pay LBC and PCC’s costs summarily assessed at £20,040.