Nowak v The Nursing and Midwifery Council & Anor (Rev 1) [2013] EWHC 1932 (QB) (23 July 2013)

Nowak v The Nursing and Midwifery Council & Anor (Rev 1) [2013] EWHC 1932 (QB) (23 July 2013)

Mr Nowak persistently issued at least eight applications totally without merit, even after his claim was struck out. There is a clear risk of further abuse of process. An extended civil restraint order is necessary and proportionate to protect the court's process. The order is compatible with Article 6 ECHR as it does not extinguish access to the courts but regulates it to prevent abuse.

Citation
[2013] EWHC 1932
Parties
Claimant: Przemyslaw Nowak; 1st Defendant: The Nursing and Midwifery Council; 2nd Defendant: Guy's and St Thomas' NHS Foundation Trust
Jurisdiction
England and Wales
Judgment Date
23 July 2013
Procedural Posture
High Court Civil Claim (queen's Bench Division) / Application for Extended Civil Restraint Order Following Strike Out of Claim and Multiple Unmeritorious Applications
Outcome
Extended civil restraint order granted against Mr Nowak.
Legal Topics
Civil Restraint Orders, Vexatious Litigation, Strike Out of Claim, Costs Orders, Article 6 ECHR, Pre Action Disclosure, Abuse of Process
Civil Procedure Employment Law Data Protection Harassment Civil Restraint Orders Vexatious Litigation Strike Out of Claim Costs Orders +3 more

Case Brief

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Parties

Przemyslaw Nowak

Claimant

The Nursing and Midwifery Council

1st Defendant

Guy's and St Thomas' NHS Foundation Trust

2nd Defendant

Procedural Posture

High Court Civil Claim (queen's Bench Division) / Application for Extended Civil Restraint Order Following Strike Out of Claim and Multiple Unmeritorious Applications

Legal Issues

  1. 1 Whether the claimant has persistently issued claims or made applications totally without merit justifying an extended civil restraint order
  2. 2 Whether the making of a civil restraint order is compatible with Article 6 ECHR
  3. 3 Scope and exceptions of the civil restraint order

Ratio Decidendi

Mr Nowak persistently issued at least eight applications totally without merit, even after his claim was struck out. There is a clear risk of further abuse of process. An extended civil restraint order is necessary and proportionate to protect the court's process. The order is compatible with Article 6 ECHR as it does not extinguish access to the courts but regulates it to prevent abuse.

Court Disposition

Extended civil restraint order granted against Mr Nowak.

Orders

  • Mr Nowak is restrained from issuing any claim or making any application in the High Court or any county court against either defendant in relation to any matter, or against any other party in relation to any matter involving or relating to the present proceedings, without permission of a judge.
  • Exceptions are made for applications to set aside or vary the orders of Master Kay dated 5 March 2013 and 16 April 2013, and for appeals under the Nursing and Midwifery Order 2001 if disciplinary proceedings result in a sanction.