Thackray & Anor v Wise [2021] EWHC 2059 (Ch) (22 July 2021)

Thackray & Anor v Wise [2021] EWHC 2059 (Ch) (22 July 2021)

Mr Wise's applications are totally without merit both substantively and procedurally, having been previously determined and dismissed; an extended civil restraint order is necessary due to persistent vexatious litigation.

Source-derived case information.

Citation
[2021] EWHC 2059 (Ch)
Parties
Claimant: Mr Wilfred Thackray; Claimant: Mrs Rita Thackray; Defendant: Mr Kenneth Wise
Jurisdiction
England and Wales
Judgment Date
22 July 2021
Procedural Posture
High Court Civil Application / Judgment on Renewed Application and Civil Restraint Order
Outcome
Applications dismissed as totally without merit; extended civil restraint order imposed; permission to appeal refused.
Legal Topics
Charging Orders, Civil Restraint Orders, Boundary Disputes, Costs, Enforcement of Judgments
Civil Procedure Property Law Charging Orders Civil Restraint Orders Boundary Disputes Costs Enforcement of Judgments

Source-derived case record

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 9 Party arguments 2 Amounts and remedies 6
Sign in to unlock

Parties

Mr Wilfred Thackray

Claimant

Mrs Rita Thackray

Claimant

Mr Kenneth Wise

Defendant

Procedural Posture

High Court Civil Application / Judgment on Renewed Application and Civil Restraint Order

  1. 1 Whether Mr Wise's applications to set aside charging orders and orders for sale are totally without merit
  2. 2 Whether an extended civil restraint order should be imposed against Mr Wise

Ratio Decidendi

Mr Wise's applications are totally without merit both substantively and procedurally, having been previously determined and dismissed; an extended civil restraint order is necessary due to persistent vexatious litigation.

Court Disposition

Applications dismissed as totally without merit; extended civil restraint order imposed; permission to appeal refused.

Orders

  • Applications of 8 April and 5 May 2021 dismissed and certified as totally without merit.
  • Extended civil restraint order imposed against Mr Wise for the maximum permitted period.