Mannering v Cook

Mannering v Cook

The particulars of claim were struck out as they were unreasonably vague, incoherent, failed to disclose any legally recognisable cause of action, and sought to reopen matters already determined in previous proceedings. The claim was totally without merit and constituted an abuse of process. The threshold for an extended civil restraint order was met due to the Claimant's persistent, meritless applications and attempts to relitigate decided issues.

Parties
Claimant: Leeanne Mannering; Defendant: Nicholas Gary Cook
Jurisdiction
England and Wales
Judgment Date
10 July 2020
Procedural Posture
Civil (chancery) / Application to Strike Out Claim and for Extended Civil Restraint Order
Outcome
Claim struck out; extended civil restraint order granted against Claimant
Legal Topics
Strike Out Applications, Civil Restraint Orders, Res Judicata, Shareholder Claims, Fiduciary Duties
Civil Procedure Company Law Family Law Strike Out Applications Civil Restraint Orders Res Judicata Shareholder Claims Fiduciary Duties

Case Brief

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Parties

Leeanne Mannering

Claimant

Nicholas Gary Cook

Defendant

Procedural Posture

Civil (chancery) / Application to Strike Out Claim and for Extended Civil Restraint Order

Legal Issues

  1. 1 Whether the particulars of claim disclose any reasonable grounds for bringing the claim
  2. 2 Whether the claim is an abuse of process or otherwise likely to obstruct the just disposal of the proceedings
  3. 3 Whether the claim is barred by res judicata or cause of action estoppel

Ratio Decidendi

The particulars of claim were struck out as they were unreasonably vague, incoherent, failed to disclose any legally recognisable cause of action, and sought to reopen matters already determined in previous proceedings. The claim was totally without merit and constituted an abuse of process. The threshold for an extended civil restraint order was met due to the Claimant's persistent, meritless applications and attempts to relitigate decided issues.

Court Disposition

Claim struck out; extended civil restraint order granted against Claimant

Orders

  • The particulars of claim and claim form are struck out as totally without merit.
  • An extended civil restraint order is made against the Claimant, not extending to family proceedings or applications to set aside the LCRO.