Philcox v Wilson & Anor

Philcox v Wilson & Anor

The applicant has persistently issued claims and made applications which are totally without merit, satisfying the threshold for an ECRO. An objective assessment of the risk demonstrates that, if unrestrained, the applicant will continue to abuse the court's process. It is necessary, reasonable, and proportionate to...

Source-derived case information.

Parties
Claimant: Martin Philcox; Defendant: Andrew Wilson; Defendant: Karl Harrison
Jurisdiction
England and Wales
Judgment Date
16 November 2018
Procedural Posture
Civil / Application for Extended Civil Restraint Order Following Dismissal of Permission to Appeal
Outcome
Extended Civil Restraint Order granted
Legal Topics
Civil Restraint Orders, Abuse of Process, Vexatious Litigation
Civil Procedure Civil Restraint Orders Abuse of Process Vexatious Litigation

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Parties

Martin Philcox

Claimant

Andrew Wilson

Defendant

Karl Harrison

Defendant

Procedural Posture

Civil / Application for Extended Civil Restraint Order Following Dismissal of Permission to Appeal

Legal Issues

  1. 1 Whether the applicant has persistently issued claims or made applications which are totally without merit
  2. 2 Whether it is appropriate, necessary, and proportionate to make an Extended Civil Restraint Order (ECRO) against the applicant

Ratio Decidendi

The applicant has persistently issued claims and made applications which are totally without merit, satisfying the threshold for an ECRO. An objective assessment of the risk demonstrates that, if unrestrained, the applicant will continue to abuse the court's process. It is necessary, reasonable, and proportionate to make an ECRO for two years to protect the administration of justice.

Court Disposition

Extended Civil Restraint Order granted

Orders

  • The applicant is restrained from issuing claims or making applications in the High Court or any County Court concerning any matter involving, relating to, touching upon or leading to these proceedings without first obtaining the permission of a judge for a period of two years from the date of this order.