Veluppillai v Chief Land Registrar & Ors [2017] EWHC 1693 (Fam) (11 April 2017)

Veluppillai v Chief Land Registrar & Ors [2017] EWHC 1693 (Fam) (11 April 2017)

The claims are struck out as they are legally impossible, constitute an abusive collateral attack on previous orders, and were issued in breach of an extended civil restraint order. A general civil restraint order is imposed due to persistent meritless litigation and the ineffectiveness of the existing extended order.

Citation
[2017] EWHC 1693 (Fam)
Parties
Claimant: Michael Veluppillai; First Defendant/applicant: The Chief Land Registrar; Second Defendant: Anushiya Veluppillai; Third Defendant/applicant: Bank of Scotland
Jurisdiction
England and Wales
Judgment Date
11 April 2017
Procedural Posture
Strike Out Applications and Application for General Civil Restraint Order / Judgment on Combined Applications
Outcome
Claims struck out; general civil restraint order imposed for two years
Legal Topics
Civil Restraint Orders, Abuse of Process, Collateral Attack, Strike Out Applications, Divorce Proceedings, Financial Remedies
Family Law Civil Procedure Civil Restraint Orders Abuse of Process Collateral Attack Strike Out Applications Divorce Proceedings Financial Remedies

Case Brief

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Parties

Michael Veluppillai

Claimant

The Chief Land Registrar

First Defendant/applicant

Anushiya Veluppillai

Second Defendant

Bank of Scotland

Third Defendant/applicant

Procedural Posture

Strike Out Applications and Application for General Civil Restraint Order / Judgment on Combined Applications

Legal Issues

  1. 1 Whether the claims issued by Michael Veluppillai against the Chief Land Registrar and Bank of Scotland should be struck out as abusive and legally impossible
  2. 2 Whether a general civil restraint order should be imposed on Michael Veluppillai

Ratio Decidendi

The claims are struck out as they are legally impossible, constitute an abusive collateral attack on previous orders, and were issued in breach of an extended civil restraint order. A general civil restraint order is imposed due to persistent meritless litigation and the ineffectiveness of the existing extended order.

Court Disposition

Claims struck out; general civil restraint order imposed for two years

Orders

  • Claims C02CL600 and C02CL601 struck out as abusive and legally impossible
  • General civil restraint order imposed on Michael Veluppillai for two years in all relevant proceedings