M (Extension of Extended Civil Restraint Order), Re

M (Extension of Extended Civil Restraint Order), Re

Mr M has persistently made applications totally without merit since the ECRO was imposed, and has not demonstrated any change in conduct or valid grounds for setting aside the ECRO. The history of unmeritorious litigation and unchanged adherence to disproven arguments makes it wholly appropriate to extend the ECRO for the maximum period permitted.

Parties
Applicant: Mr M; Respondent: Mrs M; Interested Party: Mr Ireland; Interested Party: Dr Hellin
Jurisdiction
England and Wales
Judgment Date
22 January 2025
Procedural Posture
Family / Application for Extension and Set Aside of Extended Civil Restraint Order
Outcome
ECRO extended; application to set aside ECRO refused
Legal Topics
Extended Civil Restraint Orders, Vexatious Litigation, Procedural Irregularity, Appeals, Child Arrangements, Non Molestation Orders
Family Law Civil Procedure Extended Civil Restraint Orders Vexatious Litigation Procedural Irregularity Appeals Child Arrangements Non Molestation Orders

Case Brief

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Parties

Mr M

Applicant

Mrs M

Respondent

Mr Ireland

Interested Party

Dr Hellin

Interested Party

Procedural Posture

Family / Application for Extension and Set Aside of Extended Civil Restraint Order

Legal Issues

  1. 1 Whether the Extended Civil Restraint Order (ECRO) should be set aside
  2. 2 Whether the ECRO should be extended for a further period
  3. 3 Whether procedural irregularities or miscarriage of justice justify setting aside or refusing extension of ECRO

Ratio Decidendi

Mr M has persistently made applications totally without merit since the ECRO was imposed, and has not demonstrated any change in conduct or valid grounds for setting aside the ECRO. The history of unmeritorious litigation and unchanged adherence to disproven arguments makes it wholly appropriate to extend the ECRO for the maximum period permitted.

Court Disposition

ECRO extended; application to set aside ECRO refused

Orders

  • The Extended Civil Restraint Order is extended from 4pm on 20 December 2024 until 3.59pm on 20 December 2026.
  • Application to set aside the ECRO is refused.