Joshua John Fernie v Burton Waters Management Ltd

Joshua John Fernie v Burton Waters Management Ltd

Mr Darren Fernie has persistently and abusively conducted litigation and applications, including those in the name of Mr Joshua Fernie, resulting in multiple findings of 'totally without merit.' He is the real driver of the litigation, and his conduct justifies the imposition of a General Civil Restraint Order against both himself and Mr Joshua Fernie, to protect the court system from further abuse. A third-party costs order is also justified against Mr Darren Fernie as he is the main instigator and beneficiary of the proceedings.

Parties
Claimant: Joshua John Fernie; 1st Defendant: Burton Waters Management Ltd; 2nd Defendant: Banks Long and Co.; Third Party: Darren Fernie
Jurisdiction
England and Wales
Judgment Date
22 August 2025
Procedural Posture
Civil / Judgment After Hearing on Third Party Costs and Civil Restraint Orders
Outcome
General Civil Restraint Orders made against Mr Darren Fernie and Mr Joshua Fernie for two years; third-party costs order made against Mr Darren Fernie.
Legal Topics
Civil Restraint Orders, Third Party Costs Orders, Abuse of Process, Summary Procedure
Civil Procedure Costs Vexatious Litigation Civil Restraint Orders Third Party Costs Orders Abuse of Process Summary Procedure

Case Brief

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Parties

Joshua John Fernie

Claimant

Burton Waters Management Ltd

1st Defendant

Banks Long and Co.

2nd Defendant

Darren Fernie

Third Party

Procedural Posture

Civil / Judgment After Hearing on Third Party Costs and Civil Restraint Orders

Legal Issues

  1. 1 Whether a third-party costs order should be made against Mr Darren Fernie
  2. 2 Whether civil restraint orders (CROs) should be made against Mr Darren Fernie and/or Mr Joshua Fernie
  3. 3 Whether the conduct of Mr Darren Fernie and Mr Joshua Fernie constitutes persistence in making totally without merit applications justifying CROs

Ratio Decidendi

Mr Darren Fernie has persistently and abusively conducted litigation and applications, including those in the name of Mr Joshua Fernie, resulting in multiple findings of 'totally without merit.' He is the real driver of the litigation, and his conduct justifies the imposition of a General Civil Restraint Order against both himself and Mr Joshua Fernie, to protect the court system from further abuse. A third-party costs order is also justified against Mr Darren Fernie as he is the main instigator and beneficiary of the proceedings.

Court Disposition

General Civil Restraint Orders made against Mr Darren Fernie and Mr Joshua Fernie for two years; third-party costs order made against Mr Darren Fernie.

Orders

  • General Civil Restraint Orders (Form 19B) against Mr Darren Fernie and Mr Joshua Fernie for two years, extended to cover tribunal proceedings.
  • Mr Darren Fernie and Mr Joshua Fernie jointly and severally liable for £33,000 costs to the first defendants.