Nowak v The Nursing and Midwifery Council & Anor (Rev 1)

Nowak v The Nursing and Midwifery Council & Anor (Rev 1)

The claimant persistently issued applications totally without merit, even after his claim was struck out and judgment entered against him. There is a clear risk of further abuse of the court's process. An extended civil restraint order is necessary and proportionate to protect the court's resources and is compatible with Article 6 ECHR.

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
Civil / Judgment on Extended Civil Restraint Order
Outcome
Extended civil restraint order made against claimant.
Legal Topics
Civil Restraint Orders, Vexatious Litigation, Article 6 ECHR, Costs, Disclosure, Harassment, Whistleblowing
Civil Procedure Employment Law Data Protection Civil Restraint Orders Vexatious Litigation Article 6 ECHR Costs Disclosure +2 more

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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

Civil / Judgment on Extended Civil Restraint Order

Legal Issues

  1. 1 Whether an extended civil restraint order should be made against the claimant
  2. 2 Compatibility of civil restraint orders with Article 6 ECHR
  3. 3 Persistent issuance of applications totally without merit

Ratio Decidendi

The claimant persistently issued applications totally without merit, even after his claim was struck out and judgment entered against him. There is a clear risk of further abuse of the court's process. An extended civil restraint order is necessary and proportionate to protect the court's resources and is compatible with Article 6 ECHR.

Court Disposition

Extended civil restraint order made against claimant.

Orders

  • Claimant must obtain permission before issuing any claim or application in the High Court or any county court against either defendant or relating to the proceedings.
  • Exceptions for applications to set aside or vary orders of 5 March 2013 and 16 April 2013, and rights of appeal under Nursing and Midwifery Order 2001.