Gayle-Childs vTimmis & Anor

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

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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

  1. 1 Whether the claimant is the same individual as previous litigant Quinton Leslie Childs
  2. 2 Whether the claims are vested in the trustee in bankruptcy
  3. 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.