Christopher Paul Reynard v Nigel Fox & Ors

Christopher Paul Reynard v Nigel Fox & Ors

The judge found that the test for apparent bias was not satisfied as no fair-minded and informed observer would conclude there was a real possibility of bias. The applications to set aside previous orders were either automatically dismissed for procedural non-compliance or struck out as totally without merit and an abuse of process. Given the claimant's persistent vexatious litigation, it was appropriate to extend and impose extended civil restraint orders.

Parties
Claimant: Christopher Paul Reynard; Defendant: Nigel Fox; Defendant: Thomas Westcott (a firm); Defendant: NRAM plc
Jurisdiction
England and Wales
Judgment Date
10 August 2022
Procedural Posture
Civil / Application to Set Aside Previous Orders and for Recusal Due to Alleged Bias
Outcome
Application dismissed; extended civil restraint orders imposed/renewed
Legal Topics
Civil Restraint Orders, Apparent Bias, Abuse of Process, Judicial Immunity
Civil Procedure Bankruptcy Property Law Civil Restraint Orders Apparent Bias Abuse of Process Judicial Immunity

Case Brief

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Parties

Christopher Paul Reynard

Claimant

Nigel Fox

Defendant

Thomas Westcott (a firm)

Defendant

NRAM plc

Defendant

Procedural Posture

Civil / Application to Set Aside Previous Orders and for Recusal Due to Alleged Bias

Legal Issues

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

Ratio Decidendi

The judge found that the test for apparent bias was not satisfied as no fair-minded and informed observer would conclude there was a real possibility of bias. The applications to set aside previous orders were either automatically dismissed for procedural non-compliance or struck out as totally without merit and an abuse of process. Given the claimant's persistent vexatious litigation, it was appropriate to extend and impose extended civil restraint orders.

Court Disposition

Application dismissed; extended civil restraint orders imposed/renewed

Orders

  • Application to set aside previous orders in the Thomas Westcott cases automatically dismissed for procedural non-compliance.
  • Application to set aside previous orders in the other cases struck out as totally without merit and an abuse of process.