Paratus AMC Ltd v Wilson & Anor [2021] EWHC 2442 (QB) (22 July 2021)

Paratus AMC Ltd v Wilson & Anor [2021] EWHC 2442 (QB) (22 July 2021)

It is appropriate and necessary to extend the ECROs against both defendants for a further two years because they have persistently issued totally without merit applications based on a flawed legal argument, and there is a real risk of further vexatious litigation absent the orders. The court retains jurisdiction to extend the ECROs even after expiry, and the circumstances justify the extension to protect the claimant and court resources.

Citation
[2021] EWHC 2442
Parties
Claimant: Paratus AMC Limited; Defendant: Mr Floyd Wilson; Defendant: Mrs Sharon Wilson
Jurisdiction
England and Wales
Judgment Date
22 July 2021
Procedural Posture
Application to Extend Extended Civil Restraint Orders (ecros) / Hearing and Judgment on Application to Extend Ecros
Outcome
Application granted
Legal Topics
Extended Civil Restraint Orders, Vexatious Litigation, Mortgage Possession, Jurisdiction to Extend Orders
Civil Procedure Mortgage Law Extended Civil Restraint Orders Vexatious Litigation Mortgage Possession Jurisdiction to Extend Orders

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Parties

Paratus AMC Limited

Claimant

Mr Floyd Wilson

Defendant

Mrs Sharon Wilson

Defendant

Procedural Posture

Application to Extend Extended Civil Restraint Orders (ecros) / Hearing and Judgment on Application to Extend Ecros

Legal Issues

  1. 1 Whether the court has jurisdiction to extend ECROs after expiry
  2. 2 Whether it is appropriate to extend ECROs against the defendants for a further two years

Ratio Decidendi

It is appropriate and necessary to extend the ECROs against both defendants for a further two years because they have persistently issued totally without merit applications based on a flawed legal argument, and there is a real risk of further vexatious litigation absent the orders. The court retains jurisdiction to extend the ECROs even after expiry, and the circumstances justify the extension to protect the claimant and court resources.

Court Disposition

Application granted

Orders

  • The ECROs against Mr Floyd Wilson and Mrs Sharon Wilson are extended for a further period of two years.