Gayle-Childs vTimmis & Anor
The claimant is the same individual as previous litigant Quinton Leslie Childs, was made bankrupt in August 2010, and thus any claims regarding the £100,000 payment are vested in the trustee in bankruptcy. The claims are unsustainable and totally without merit. A general civil restraint order is justified due to persistent groundless litigation.
- Parties
- Claimant: Q Leslie Gayle Childs / Quinton Leslie Gayle Childs / Leslie Gayle-Childs / Leslie Alphonso Gayle Childs; Defendant: Jacqueline Timmis; Defendant: Lesley-Ann Kenrick
- Jurisdiction
- England and Wales
- Judgment Date
- 14 January 2013
- Procedural Posture
- Civil / Judgment on Applications to Strike Out and for Civil Restraint Order
- Outcome
- Claims struck out as totally without merit; general civil restraint order imposed for 2 years.
- Legal Topics
- Civil Restraint Orders, Strike Out Applications, Bankruptcy Vesting of Claims, Abuse of Process
Case Brief
Summary, issues, holding and outcome
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Parties
Q Leslie Gayle Childs / Quinton Leslie Gayle Childs / Leslie Gayle-Childs / Leslie Alphonso Gayle Childs
Claimant
Jacqueline Timmis
Defendant
Lesley-Ann Kenrick
Defendant
Procedural Posture
Civil / Judgment on Applications to Strike Out and for Civil Restraint Order
Legal Issues
- 1 Whether the claimant is the same individual as previous litigant Quinton Leslie Childs
- 2 Whether the claims are vested in the trustee in bankruptcy
- 3 Whether the claims are totally without merit
Ratio Decidendi
The claimant is the same individual as previous litigant Quinton Leslie Childs, was made bankrupt in August 2010, and thus any claims regarding the £100,000 payment are vested in the trustee in bankruptcy. The claims are unsustainable and totally without merit. A general civil restraint order is justified due to persistent groundless litigation.
Court Disposition
Claims struck out as totally without merit; general civil restraint order imposed for 2 years.
Orders
- Both sets of proceedings struck out.
- Claims categorised as totally without merit.
Full Case Text
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