Veluppillai v Chief Land Registrar & Ors

Veluppillai v Chief Land Registrar & Ors

The claims are legally impossible and abusive as they constitute a collateral attack on final orders based on the valid marriage and divorce of the parties, and were issued in breach of an extended civil restraint order. The criteria for a general civil restraint order are met as the respondent has persisted in issuing meritless claims despite an existing extended order.

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
Civil/family / Application to Strike Out Claims and for General Civil Restraint Order
Outcome
Claims struck out; general civil restraint order imposed for two years
Legal Topics
Civil Restraint Orders, Abuse of Process, Collateral Attack, Divorce Proceedings, Financial Remedy, Identity Fraud Claims
Family Law Civil Procedure Civil Restraint Orders Abuse of Process Collateral Attack Divorce Proceedings Financial Remedy Identity Fraud Claims

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

Civil/family / Application to Strike Out Claims and for General Civil Restraint Order

Legal Issues

  1. 1 Whether the claims 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 legally impossible and abusive as they constitute a collateral attack on final orders based on the valid marriage and divorce of the parties, and were issued in breach of an extended civil restraint order. The criteria for a general civil restraint order are met as the respondent has persisted in issuing meritless claims despite an existing extended order.

Court Disposition

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

Orders

  • Claims by Michael Veluppillai against the Chief Land Registrar and Bank of Scotland are struck out as abusive and legally impossible
  • A general civil restraint order is imposed on Michael Veluppillai for two years, restraining him from making any claim or application in any court without prior permission