Nursing & Midwifery Council & Anor v Harrold

Nursing & Midwifery Council & Anor v Harrold

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 or the CPR, and is consistent with the High Court's historical supervisory and protective role over inferior courts and tribunals.

Parties
Claimant: Nursing & Midwifery Council; Claimant: the Trust; Defendant: Mrs Harrold
Jurisdiction
England and Wales
Judgment Date
31 July 2015
Procedural Posture
Civil / Ruling on Jurisdictional Issue Regarding Civil Restraint Order (cro)
Outcome
The High Court has inherent jurisdiction to make a CRO covering proceedings before the Employment Tribunal.
Legal Topics
Civil Restraint Orders, Inherent Jurisdiction, Supervisory Jurisdiction, Employment Tribunal Proceedings, Vexatious Litigation
Civil Procedure Employment Law Judicial Review Civil Restraint Orders Inherent Jurisdiction Supervisory Jurisdiction Employment Tribunal Proceedings Vexatious Litigation

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Parties

Nursing & Midwifery Council

Claimant

the Trust

Claimant

Mrs Harrold

Defendant

Procedural Posture

Civil / Ruling on Jurisdictional Issue Regarding Civil Restraint Order (cro)

Legal Issues

  1. 1 Does the High Court have inherent jurisdiction to make a Civil Restraint Order (CRO) covering proceedings before the Employment Tribunal (ET)?
  2. 2 Should the High Court exercise such jurisdiction in this case?

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 or the CPR, and is consistent with the High Court's historical supervisory and protective role over inferior courts and tribunals.

Court Disposition

The High Court has inherent jurisdiction to make a CRO covering proceedings before the Employment Tribunal.