Duncan Needham v Susan Rosemary Ellis

Duncan Needham v Susan Rosemary Ellis

The appellant's application for permission to apply to set aside the consent order is refused because it has only a fanciful prospect of success and is barred by cause of action estoppel, issue estoppel, and Henderson abuse of process, given prior unsuccessful applications to set aside for fraud and duress. The...

Source-derived case information.

Parties
Appellant: Duncan Needham; Respondent: Susan Rosemary Ellis
Jurisdiction
England and Wales
Judgment Date
04 January 2025
Procedural Posture
Civil Appeal / Judgment on Appeal Against Refusal of Permission to Apply Under Limited Civil Restraint Order
Outcome
Appeal dismissed; application for permission to apply refused and certified totally without merit.
Legal Topics
Civil Restraint Orders, Consent Orders, Estoppel, Abuse of Process, Fraud, Trusts of Land and Appointment of Trustees Act 1996
Civil Procedure Property Law Civil Restraint Orders Consent Orders Estoppel Abuse of Process Fraud Trusts of Land and Appointment of Trustees Act 1996

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Summary, issues, holding and outcome

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Parties

Duncan Needham

Appellant

Susan Rosemary Ellis

Respondent

Procedural Posture

Civil Appeal / Judgment on Appeal Against Refusal of Permission to Apply Under Limited Civil Restraint Order

Legal Issues

  1. 1 Whether the appellant should be granted permission to apply to set aside a consent order under a Limited Civil Restraint Order
  2. 2 Whether the application to set aside the consent order for fraud has a realistic prospect of success
  3. 3 Whether the application is barred by estoppel or abuse of process

Ratio Decidendi

The appellant's application for permission to apply to set aside the consent order is refused because it has only a fanciful prospect of success and is barred by cause of action estoppel, issue estoppel, and Henderson abuse of process, given prior unsuccessful applications to set aside for fraud and duress. The alleged fraud is unsupported by evidence and inconsistent with contemporaneous judicial findings.

Court Disposition

Appeal dismissed; application for permission to apply refused and certified totally without merit.

Orders

  • Refusal to set aside DJ Phillips' order refusing permission to apply.
  • Certification that Mr Needham's application for permission to apply is totally without merit.