Jon Rivers v Chief Constable of Surrey Constabulary & Ors

Jon Rivers v Chief Constable of Surrey Constabulary & Ors

The claimant's committal applications are struck out as totally without merit because they fail to comply with mandatory procedural requirements, are not properly particularised, are unsupported by evidence, do not disclose any tenable grounds for contempt, and constitute an abuse of process by seeking to relitigate matters already determined. The applications also fail for lack of personal service and, in any event, do not meet the threshold for permission. The claimant's further applications are also without merit. The pattern of vexatious litigation justifies consideration of an extended civil restraint order.

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
11 September 2024
Procedural Posture
Contempt Application (committal) Within Judicial Review Context / Ruling on Committal Applications and Related Applications
Outcome
Applications struck out as totally without merit; costs to defendants; consideration of extended civil restraint order against claimant.
Legal Topics
Contempt of Court, Abuse of Process, Disclosure of Information, Procedural Fairness, Civil Restraint Orders
Civil Procedure Judicial Review Police Law Contempt of Court Abuse of Process Disclosure of Information Procedural Fairness Civil Restraint Orders

Case Brief

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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

Contempt Application (committal) Within Judicial Review Context / Ruling on Committal Applications and Related Applications

Legal Issues

  1. 1 Whether the claimant's committal applications for contempt against the defendants are properly particularised and supported by evidence to proceed
  2. 2 Whether the applications constitute an abuse of process by seeking to relitigate matters already determined
  3. 3 Whether procedural requirements under CPR Part 81 and the Ouseley Order have been met

Ratio Decidendi

The claimant's committal applications are struck out as totally without merit because they fail to comply with mandatory procedural requirements, are not properly particularised, are unsupported by evidence, do not disclose any tenable grounds for contempt, and constitute an abuse of process by seeking to relitigate matters already determined. The applications also fail for lack of personal service and, in any event, do not meet the threshold for permission. The claimant's further applications are also without merit. The pattern of vexatious litigation justifies consideration of an extended civil restraint order.

Court Disposition

Applications struck out as totally without merit; costs 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 to have their costs of responding to the committal applications.