Perry v F H Brundle & Ors

Mr Perry has demonstrated a pattern of persistently issuing claims and applications totally without merit, including attempts to relitigate matters already decided and threats of further meritless claims. An ECRO would not be sufficient or appropriate given the breadth of intended future claims. Therefore, a GCRO is necessary to prevent further abuse of court process.

Parties: Claimant: Richard Perry; First Defendant: F H Brundle; Second Defendant: Betafence Limited; Third Defendant: Britannia Fasteners Limited
Jurisdiction: England and Wales
Judgment Date: 30 March 2017
Procedural Posture: Application for General Civil Restraint Order / Judgment on Application for GCRO
Outcome: General Civil Restraint Order granted against Mr Perry for two years from 27 March 2017.
Legal Topics: Civil Restraint Orders, Vexatious Litigation, Patent Infringement, Abuse of Process

Civil Procedure Intellectual Property Civil Restraint Orders Vexatious Litigation Patent Infringement Abuse of Process

Case Brief

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Parties

Richard Perry

Claimant

F H Brundle

First Defendant

Betafence Limited

Second Defendant

Britannia Fasteners Limited

Third Defendant

Procedural Posture

Application for General Civil Restraint Order / Judgment on Application for GCRO

Legal Issues

1 Whether a general civil restraint order (GCRO) should be granted against the claimant for persistently issuing claims or applications totally without merit
2 Whether an extended civil restraint order (ECRO) would be sufficient or appropriate

Ratio Decidendi

Court Disposition

General Civil Restraint Order granted against Mr Perry for two years from 27 March 2017.

Orders

A general civil restraint order is granted against Mr Perry for a period of two years from 27 March 2017.