Nursing & Midwifery Council & Anor v Harrold [2015] EWHC 2254 (QB) (31 July 2015)

Nursing & Midwifery Council & Anor v Harrold [2015] EWHC 2254 (QB) (31 July 2015)

The High Court has inherent jurisdiction to make a Civil Restraint Order covering proceedings before the Employment Tribunal, as such jurisdiction is not excluded by statute, is consistent with the court's supervisory powers over inferior courts, and is not inconsistent with the Civil Procedure Rules, which do not apply to tribunals.

Citation
[2015] EWHC 2254 (QB)
Parties
Claimant: Nursing & Midwifery Council; Claimant: the Trust; Defendant: Mrs Harrold
Jurisdiction
England and Wales
Judgment Date
31 July 2015
Procedural Posture
Part 8 Claim for Civil Restraint Order / Trial of Threshold Jurisdictional Issue
Outcome
High Court has inherent jurisdiction to make a CRO covering ET proceedings; appropriateness of making such an order in this case to be determined on the facts.
Legal Topics
Civil Restraint Orders, Inherent Jurisdiction, Jurisdiction Over Tribunals, Vexatious Litigation
Civil Procedure Employment Law Civil Restraint Orders Inherent Jurisdiction Jurisdiction Over Tribunals Vexatious Litigation

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Parties

Nursing & Midwifery Council

Claimant

the Trust

Claimant

Mrs Harrold

Defendant

Procedural Posture

Part 8 Claim for Civil Restraint Order / Trial of Threshold Jurisdictional Issue

Legal Issues

  1. 1 Does the High Court have inherent jurisdiction to make a Civil Restraint Order covering proceedings before the Employment Tribunal?

Ratio Decidendi

The High Court has inherent jurisdiction to make a Civil Restraint Order covering proceedings before the Employment Tribunal, as such jurisdiction is not excluded by statute, is consistent with the court's supervisory powers over inferior courts, and is not inconsistent with the Civil Procedure Rules, which do not apply to tribunals.

Court Disposition

High Court has inherent jurisdiction to make a CRO covering ET proceedings; appropriateness of making such an order in this case to be determined on the facts.

Orders

  • Jurisdictional issue resolved in favour of Claimants; further consideration of appropriateness of CRO adjourned.