Nursing and Midwifery Council v Harrold [2016] EWHC 1078 (QB) (09 May 2016)

Nursing and Midwifery Council v Harrold [2016] EWHC 1078 (QB) (09 May 2016)

The Defendant has persistently issued claims and applications against the Claimants in the Employment Tribunal, county court, and High Court, most of which have been found to be totally without merit, vexatious, or an abuse of process. The High Court has jurisdiction to make a general civil restraint order to prevent further such proceedings. The threshold for such an order is met on the facts and procedural history.

Citation
[2016] EWHC 1078 (QB)
Parties
Claimant: Nursing and Midwifery Council; Defendant: Mrs A M Harrold
Jurisdiction
England and Wales
Judgment Date
09 May 2016
Procedural Posture
Part 8 Claim for General Civil Restraint Order / Judgment on Application for General Civil Restraint Order
Outcome
General civil restraint order granted against the Defendant
Legal Topics
Civil Restraint Orders, Vexatious Litigation, Race Discrimination, Victimisation, Employment Tribunal Procedure, Res Judicata, Litigation Privilege
Civil Procedure Employment Law Equality Law Civil Restraint Orders Vexatious Litigation Race Discrimination Victimisation Employment Tribunal Procedure +2 more

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Parties

Nursing and Midwifery Council

Claimant

Mrs A M Harrold

Defendant

Procedural Posture

Part 8 Claim for General Civil Restraint Order / Judgment on Application for General Civil Restraint Order

Legal Issues

  1. 1 Whether a general civil restraint order should be made against the Defendant to restrain further claims against the Claimants
  2. 2 Whether the Defendant's repeated claims are totally without merit
  3. 3 Jurisdiction of the High Court to restrain proceedings in the Employment Tribunal

Ratio Decidendi

The Defendant has persistently issued claims and applications against the Claimants in the Employment Tribunal, county court, and High Court, most of which have been found to be totally without merit, vexatious, or an abuse of process. The High Court has jurisdiction to make a general civil restraint order to prevent further such proceedings. The threshold for such an order is met on the facts and procedural history.

Court Disposition

General civil restraint order granted against the Defendant

Orders

  • The Defendant is restrained from issuing any further claims or applications against the Claimants in the Employment Tribunal, county court, or High Court without the permission of a judge for a period specified by the order.