Rivers v Surrey Constabulary & Ors [2023] EWHC 1417 (Admin) (12 June 2023)

Rivers v Surrey Constabulary & Ors [2023] EWHC 1417 (Admin) (12 June 2023)

The claimant's contempt applications are struck out as totally without merit because they fail to comply with mandatory procedural requirements under CPR Part 81, do not particularise the alleged contempt, are unsupported by proper evidence, do not disclose any tenable grounds, constitute an abuse of process by seeking to relitigate matters already decided, and fail to effect personal service on the defendants. The applications are also vexatious, justifying consideration of an extended civil restraint order.

Citation
[2023] EWHC 1417 (Admin)
Parties
Claimant: Jon Rivers; First Defendant: Chief Constable of Surrey Constabulary; Second Defendant: John McWilliams; Third Defendant: Saara Idelbi KC; First Interested Party: A; Second Interested Party: London Borough of Hounslow; Third Interested Party: Suffolk County Council; Fourth Interested Party: The Green School for Girls; Fifth Interested Party: Surrey Children's Services; Sixth Interested Party: Chief Constable of Suffolk Constabulary
Jurisdiction
England and Wales
Judgment Date
12 June 2023
Procedural Posture
Committal for Contempt Application (administrative Court) / Judgment Following Directions Hearing on Contempt Applications and Related Applications
Outcome
Applications struck out as totally without merit; costs awarded to defendants; consideration of extended civil restraint order against claimant.
Legal Topics
Committal for Contempt, Abuse of Process, Procedural Fairness, Civil Restraint Orders, Disclosure Under Clare's Law, Judicial Review, Personal Service Requirements
Civil Procedure Administrative Law Contempt of Court Committal for Contempt Abuse of Process Procedural Fairness Civil Restraint Orders Disclosure Under Clare's Law +2 more

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Parties

Jon Rivers

Claimant

Chief Constable of Surrey Constabulary

First Defendant

John McWilliams

Second Defendant

Saara Idelbi KC

Third Defendant

A

First Interested Party

London Borough of Hounslow

Second Interested Party

Suffolk County Council

Third Interested Party

The Green School for Girls

Fourth Interested Party

Surrey Children's Services

Fifth Interested Party

Chief Constable of Suffolk Constabulary

Sixth Interested Party

Procedural Posture

Committal for Contempt Application (administrative Court) / Judgment Following Directions Hearing on Contempt Applications and Related Applications

Legal Issues

  1. 1 Whether the claimant's contempt applications comply with CPR Part 81 and procedural fairness requirements
  2. 2 Whether the applications disclose a tenable case of contempt against the defendants
  3. 3 Whether the applications constitute an abuse of process by relitigating matters already determined

Ratio Decidendi

The claimant's contempt applications are struck out as totally without merit because they fail to comply with mandatory procedural requirements under CPR Part 81, do not particularise the alleged contempt, are unsupported by proper evidence, do not disclose any tenable grounds, constitute an abuse of process by seeking to relitigate matters already decided, and fail to effect personal service on the defendants. The applications are also vexatious, justifying consideration of an extended civil restraint order.

Court Disposition

Applications struck out as totally without merit; costs awarded to defendants; consideration of extended civil restraint order against claimant.

Orders

  • Committal applications struck out as totally without merit and as an abuse of process.
  • Defendants awarded costs of responding to the committal applications.