Forrester Ketley & Co v Brent

Forrester Ketley & Co v Brent

The history and nature of Mr. Brent's applications and appeals, which were found to be totally without merit and disproportionate, justified the making and continuation of the civil restraint order to protect the claimants.

Parties
Claimant: Forrester Ketley & Co.; Defendant: David Brent
Jurisdiction
England and Wales
Judgment Date
10 May 2005
Procedural Posture
Civil Appeal / Post Judgment; Application to Discharge/amend Civil Restraint Order
Outcome
Appeal dismissed; civil restraint order confirmed.
Legal Topics
Civil Restraint Orders, Appeals, Costs
Civil Procedure Civil Restraint Orders Appeals Costs

Case Brief

Summary, issues, holding and outcome

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Parties

Forrester Ketley & Co.

Claimant

David Brent

Defendant

Procedural Posture

Civil Appeal / Post Judgment; Application to Discharge/amend Civil Restraint Order

Legal Issues

  1. 1 Whether the civil restraint order against Mr. Brent should be discharged or amended
  2. 2 Whether Mr. Brent had sufficient notice of the civil restraint order
  3. 3 Whether the civil restraint order infringes Mr. Brent's rights under the Human Rights Act 1998

Ratio Decidendi

The history and nature of Mr. Brent's applications and appeals, which were found to be totally without merit and disproportionate, justified the making and continuation of the civil restraint order to protect the claimants.

Court Disposition

Appeal dismissed; civil restraint order confirmed.

Orders

  • Defendant restrained until 1st March 2007 or further order from making any further applications or taking steps in any court without permission of the court in this matter or related matters.
  • Applications for permission must be made in writing to Mr Justice Pumfrey.