Robert McCarren v Paul Ireland

Robert McCarren v Paul Ireland

The contempt application was struck out due to failure to comply with procedural rules (lack of affidavit, insufficient particularisation), and because it was brought for an improper collateral purpose rather than a legitimate aim; an extended civil restraint order was justified given persistent meritless litigation.

Parties
Claimant: Robert McCarren; Defendant: Paul Ireland
Jurisdiction
England and Wales
Judgment Date
10 October 2022
Procedural Posture
Contempt Application (family Court) / Ruling on Application to Strike Out Contempt Proceedings
Outcome
Application to commit struck out; extended civil restraint order made; costs awarded on indemnity basis.
Legal Topics
Contempt of Court, Disclosure of Confidential Documents, Abuse of Process, Civil Restraint Orders, Costs
Family Law Civil Procedure Contempt of Court Disclosure of Confidential Documents Abuse of Process Civil Restraint Orders Costs

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Parties

Robert McCarren

Claimant

Paul Ireland

Defendant

Procedural Posture

Contempt Application (family Court) / Ruling on Application to Strike Out Contempt Proceedings

Legal Issues

  1. 1 Whether the contempt application against Mr Ireland should be struck out for procedural defects and abuse of process
  2. 2 Whether Mr McCarren's application was properly particularised and supported by affidavit as required by rules
  3. 3 Whether the application was brought for a legitimate purpose or as a collateral attack on prior family proceedings

Ratio Decidendi

The contempt application was struck out due to failure to comply with procedural rules (lack of affidavit, insufficient particularisation), and because it was brought for an improper collateral purpose rather than a legitimate aim; an extended civil restraint order was justified given persistent meritless litigation.

Court Disposition

Application to commit struck out; extended civil restraint order made; costs awarded on indemnity basis.

Orders

  • Strike out Mr McCarren’s application to commit Mr Ireland for contempt
  • Make an extended civil restraint order against Mr McCarren for two years