HM Attorney General v Millinder (Rev1) [2021] EWHC 1865 (Admin) (06 July 2021)

HM Attorney General v Millinder (Rev1) [2021] EWHC 1865 (Admin) (06 July 2021)

The court found that Mr Millinder had habitually and persistently instituted vexatious civil proceedings and made vexatious applications and prosecutions without reasonable ground, including repeated attempts to re-litigate matters already decided, abusive and threatening correspondence, and misuse of both civil and criminal processes. The cumulative effect of his conduct justified the making of an all proceedings order under section 42 of the Senior Courts Act 1981. The court also found that service of the application was effective and that Mr Millinder had full notice and opportunity to participate.

Citation
[2021] EWHC 1865 (Admin)
Parties
Claimant: Her Majesty's Attorney General for England and Wales; Defendant: Paul Millinder
Jurisdiction
England and Wales
Judgment Date
06 July 2021
Procedural Posture
Application Under Section 42 of the Senior Courts Act 1981 for an All Proceedings Order / Final Judgment on Application
Outcome
All proceedings order granted against Mr Millinder under section 42 of the Senior Courts Act 1981.
Legal Topics
Vexatious Litigation, Civil Restraint Orders, Abuse of Process, All Proceedings Order, Service of Process, Judicial Review, Costs Orders
Civil Procedure Judicial Process Insolvency Criminal Procedure Vexatious Litigation Civil Restraint Orders Abuse of Process All Proceedings Order +3 more

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Parties

Her Majesty's Attorney General for England and Wales

Claimant

Paul Millinder

Defendant

Procedural Posture

Application Under Section 42 of the Senior Courts Act 1981 for an All Proceedings Order / Final Judgment on Application

Legal Issues

  1. 1 Whether the conditions for making an all proceedings order under section 42 of the Senior Courts Act 1981 are met against Mr Millinder
  2. 2 Whether Mr Millinder has habitually and persistently instituted vexatious civil proceedings and made vexatious applications without reasonable ground
  3. 3 Whether Mr Millinder has instituted vexatious prosecutions

Ratio Decidendi

The court found that Mr Millinder had habitually and persistently instituted vexatious civil proceedings and made vexatious applications and prosecutions without reasonable ground, including repeated attempts to re-litigate matters already decided, abusive and threatening correspondence, and misuse of both civil and criminal processes. The cumulative effect of his conduct justified the making of an all proceedings order under section 42 of the Senior Courts Act 1981. The court also found that service of the application was effective and that Mr Millinder had full notice and opportunity to participate.

Court Disposition

All proceedings order granted against Mr Millinder under section 42 of the Senior Courts Act 1981.

Orders

  • An all proceedings order is made restraining Mr Millinder from instituting or continuing any civil or criminal proceedings without the leave of the High Court.
  • The steps already taken to serve the section 42 application are deemed good service and the Claim Form is deemed served on 7 December 2020.