Reynard v Fox & Ors [2022] EWHC 2124 (Ch) (10 August 2022)

Reynard v Fox & Ors [2022] EWHC 2124 (Ch) (10 August 2022)

There was no objective basis for apparent bias or recusal; Mr Reynard's applications were totally without merit and constituted an abuse of process; the threshold for extended civil restraint orders was met and such orders were necessary and proportionate to prevent further vexatious litigation.

Citation
[2022] EWHC 2124 (Ch)
Parties
Claimant: Christopher Paul Reynard; Defendant: Nigel Fox; Defendant: Thomas Westcott (a firm); Claimant/defendant: NRAM plc
Jurisdiction
England and Wales
Judgment Date
10 August 2022
Procedural Posture
Civil Multiple Claims (bankruptcy, Contract, Negligence, Restraint Orders) / Application to Set Aside Previous Orders and for Recusal, Considered on Paper
Outcome
Application to set aside previous orders dismissed; existing ECRO extended; new ECRO imposed.
Legal Topics
Civil Restraint Orders, Apparent Bias and Recusal, Abuse of Process, Judicial Immunity, Strike Out Applications
Civil Procedure Bankruptcy Contract Law Tort Law Judicial Review Civil Restraint Orders Apparent Bias and Recusal Abuse of Process +2 more

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Parties

Christopher Paul Reynard

Claimant

Nigel Fox

Defendant

Thomas Westcott (a firm)

Defendant

NRAM plc

Claimant/defendant

Procedural Posture

Civil Multiple Claims (bankruptcy, Contract, Negligence, Restraint Orders) / Application to Set Aside Previous Orders and for Recusal, Considered on Paper

Legal Issues

  1. 1 Whether the judge should recuse himself for apparent bias
  2. 2 Whether applications to set aside previous orders should be allowed
  3. 3 Whether further or extended civil restraint orders should be imposed

Ratio Decidendi

There was no objective basis for apparent bias or recusal; Mr Reynard's applications were totally without merit and constituted an abuse of process; the threshold for extended civil restraint orders was met and such orders were necessary and proportionate to prevent further vexatious litigation.

Court Disposition

Application to set aside previous orders dismissed; existing ECRO extended; new ECRO imposed.

Orders

  • Application in Thomas Westcott claims automatically dismissed for non-compliance with ECRO procedure.
  • Application in other claims struck out as totally without merit.