RUPERT ST JOHN WEBSTER v JOHN FRANCIS PENLEY & Anor.

RUPERT ST JOHN WEBSTER v JOHN FRANCIS PENLEY & Anor.

It is necessary and proportionate to extend the ECRO against Mr Webster for a further two years to protect the applicants and the court from further vexatious litigation, given his persistent conduct and lack of acceptance of previous court orders.

Parties
Claimant/respondent: Rupert St John Webster; Defendant/applicant: John Francis Penley; Defendant/applicant: Alison Virginia Ashcroft
Jurisdiction
England and Wales
Judgment Date
10 March 2023
Procedural Posture
Civil Application / Application for Extension of Extended Civil Restraint Order
Outcome
Application granted in part
Legal Topics
Civil Restraint Orders, Vexatious Litigation, Practice Direction 3 C, CPR 3.11
Civil Procedure Civil Restraint Orders Vexatious Litigation Practice Direction 3 C CPR 3.11

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Parties

Rupert St John Webster

Claimant/respondent

John Francis Penley

Defendant/applicant

Alison Virginia Ashcroft

Defendant/applicant

Procedural Posture

Civil Application / Application for Extension of Extended Civil Restraint Order

Legal Issues

  1. 1 Whether the extended civil restraint order (ECRO) against Mr Webster should be further extended
  2. 2 What is the correct legal test for extension under Practice Direction 3C, paragraph 3.10

Ratio Decidendi

It is necessary and proportionate to extend the ECRO against Mr Webster for a further two years to protect the applicants and the court from further vexatious litigation, given his persistent conduct and lack of acceptance of previous court orders.

Court Disposition

Application granted in part

Orders

  • The extended civil restraint order made by Morgan J on 10 February 2021 is extended for a further period of two years from 10 March 2023.
  • Mr Webster is to pay the applicants' costs of the application, assessed at £14,000 on the standard basis.