Odutola v Hart & Ors [2018] EWHC 2260 (Ch) (30 July 2018)

Odutola v Hart & Ors [2018] EWHC 2260 (Ch) (30 July 2018)

The threshold of persistence in issuing totally without merit claims/applications was not sufficiently met; thus, neither an extended nor a general CRO is proportionate or justified at this stage.

Citation
[2018] EWHC 2260 (Ch)
Parties
Petitioner/respondent: Adetutu O. Odutola; Applicant/respondent: Joanna Hart; Applicant/respondent: Hazel Taylor; Applicant/respondent: Victoria Ball; Applicant/respondent: Ian Spencer; Applicant/respondent: Cremorne Mansions Residents Association Limited
Jurisdiction
England and Wales
Judgment Date
30 July 2018
Procedural Posture
Unfair Prejudice Petition Under Companies Act 2006 S.994 and Application for Civil Restraint Order / Post Strike Out, Application for Extended/general Civil Restraint Order
Outcome
Application for extended or general civil restraint order refused.
Legal Topics
Unfair Prejudice, Civil Restraint Orders, Abuse of Process
Company Law Civil Procedure Unfair Prejudice Civil Restraint Orders Abuse of Process

Case Brief

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Parties

Adetutu O. Odutola

Petitioner/respondent

Joanna Hart

Applicant/respondent

Hazel Taylor

Applicant/respondent

Victoria Ball

Applicant/respondent

Ian Spencer

Applicant/respondent

Cremorne Mansions Residents Association Limited

Applicant/respondent

Procedural Posture

Unfair Prejudice Petition Under Companies Act 2006 S.994 and Application for Civil Restraint Order / Post Strike Out, Application for Extended/general Civil Restraint Order

Legal Issues

  1. 1 Whether the threshold for an extended or general civil restraint order (CRO) against the Petitioner is met
  2. 2 Whether the Petitioner's conduct amounts to persistent issuance of totally without merit claims/applications

Ratio Decidendi

The threshold of persistence in issuing totally without merit claims/applications was not sufficiently met; thus, neither an extended nor a general CRO is proportionate or justified at this stage.

Court Disposition

Application for extended or general civil restraint order refused.