Helen Potgieter v Avon and Somerset Constabulary

Helen Potgieter v Avon and Somerset Constabulary

The ECRO does not apply to the present claim against the police, as it does not relate to the proceedings covered by the ECRO. Therefore, the claimant is not prevented from applying for help with fees under paragraph 19 of Schedule 2 of the Civil Proceedings Fees Order 2008.

Parties
Claimant: Helen Potgieter; Defendant: Avon and Somerset Constabulary
Jurisdiction
England and Wales
Judgment Date
07 April 2025
Procedural Posture
Civil / Ruling on Fee Remission Eligibility
Outcome
Claimant is eligible to apply for help with fees; ECRO does not bar fee remission.
Legal Topics
Civil Restraint Orders, Fee Remission, Contempt of Court, Unlawful Arrest
Civil Procedure Civil Restraint Orders Fee Remission Contempt of Court Unlawful Arrest

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Parties

Helen Potgieter

Claimant

Avon and Somerset Constabulary

Defendant

Procedural Posture

Civil / Ruling on Fee Remission Eligibility

Legal Issues

  1. 1 Whether the claimant is prevented from applying for help with fees due to an Extended Civil Restraint Order (ECRO)
  2. 2 Whether the ECRO applies to the present claim against the police

Ratio Decidendi

The ECRO does not apply to the present claim against the police, as it does not relate to the proceedings covered by the ECRO. Therefore, the claimant is not prevented from applying for help with fees under paragraph 19 of Schedule 2 of the Civil Proceedings Fees Order 2008.

Court Disposition

Claimant is eligible to apply for help with fees; ECRO does not bar fee remission.

Orders

  • If the claimant otherwise qualifies for help with fees, she is not prevented by paragraph 19 from receiving it.