London Borough of Camden Council & Anor v Saint Benedict's Land Trust Ltd [2019] EWHC 3576 (Ch) (20 December 2019)

London Borough of Camden Council & Anor v Saint Benedict's Land Trust Ltd [2019] EWHC 3576 (Ch) (20 December 2019)

SBLT persistently issued meritless applications, posing ongoing risk of abuse; only a general civil restraint order is sufficient and proportionate. Summary assessment of costs is justified given the circumstances and objections raised by SBLT lack merit.

Citation
[2019] EWHC 3576 (Ch)
Parties
Creditor/respondent: London Borough of Camden Council; Creditor/respondent: Preston City Council; Debtor/appellant: Saint Benedict's Land Trust Limited
Jurisdiction
England and Wales
Judgment Date
20 December 2019
Procedural Posture
Appeal / Post Judgment, Consequential Orders
Outcome
General civil restraint order made against SBLT for two years; costs summarily assessed.
Legal Topics
Civil Restraint Orders, Costs Assessment, Abuse of Process, Non Domestic Rates Liability
Civil Procedure Insolvency Local Government Civil Restraint Orders Costs Assessment Abuse of Process Non Domestic Rates Liability

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Parties

London Borough of Camden Council

Creditor/respondent

Preston City Council

Creditor/respondent

Saint Benedict's Land Trust Limited

Debtor/appellant

Procedural Posture

Appeal / Post Judgment, Consequential Orders

Legal Issues

  1. 1 Whether a civil restraint order should be made against SBLT
  2. 2 Appropriate form and scope of civil restraint order
  3. 3 Summary assessment of costs

Ratio Decidendi

SBLT persistently issued meritless applications, posing ongoing risk of abuse; only a general civil restraint order is sufficient and proportionate. Summary assessment of costs is justified given the circumstances and objections raised by SBLT lack merit.

Court Disposition

General civil restraint order made against SBLT for two years; costs summarily assessed.

Orders

  • General civil restraint order against SBLT for two years, requiring permission from Supperstone J for any claim/application in High Court or County Court.
  • SBLT to pay LBC and PCC's costs summarily assessed at £20,040.