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 engaged in persistent and vexatious litigation against the Claimants, repeatedly bringing claims that are totally without merit, relitigating issues already determined, and acting unreasonably and abusively in the conduct of proceedings. The cumulative effect of her conduct justifies the imposition...

Source-derived case information.

Citation
[2016] EWHC 1078
Parties
Claimant: Nursing and Midwifery Council; Defendant: Mrs A M Harrold
Jurisdiction
England and Wales
Judgment Date
09 May 2016
Procedural Posture
Part 8 Civil Application / Application for General Civil Restraint Order (gcro)
Outcome
General Civil Restraint Order granted against the Defendant.
Legal Topics
Civil Restraint Orders, Abuse of Process, Race Discrimination, Victimisation, Unfair Dismissal, Jurisdiction, Res Judicata, Costs Orders
Civil Procedure Employment Law Discrimination Law Civil Restraint Orders Abuse of Process Race Discrimination Victimisation Unfair Dismissal +3 more

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Parties

Nursing and Midwifery Council

Claimant

Mrs A M Harrold

Defendant

Procedural Posture

Part 8 Civil Application / Application for General Civil Restraint Order (gcro)

Legal Issues

  1. 1 Whether the Defendant's litigation conduct justifies the imposition of a General Civil Restraint Order (GCRO)
  2. 2 Whether the Defendant's repeated claims are totally without merit and amount to an abuse of process
  3. 3 Whether the High Court has jurisdiction to restrain proceedings in the Employment Tribunal

Ratio Decidendi

The Defendant has engaged in persistent and vexatious litigation against the Claimants, repeatedly bringing claims that are totally without merit, relitigating issues already determined, and acting unreasonably and abusively in the conduct of proceedings. The cumulative effect of her conduct justifies the imposition of a General Civil Restraint Order to prevent further abuse of the court's process. The High Court has jurisdiction to grant such an order, including in respect of proceedings in the Employment Tribunal.

Court Disposition

General Civil Restraint Order granted against the Defendant.

Orders

  • The Defendant is restrained from issuing any claim or making any application in the Employment Tribunal, county court, or High Court against the Claimants or their employees without the permission of a judge for a period specified by the order.