Richard Achille v Philip Calcutt & Anor

Richard Achille v Philip Calcutt & Anor

The claimant has persistently issued claims and applications that are totally without merit, justifying the imposition of a three-year extended civil restraint order covering all claims and applications arising from the events at Moseley Tennis Club in 2014. The requirement to pay court fees upfront does not bar access to justice. The defendants are entitled to their costs of the contempt proceedings on the standard basis, including a payment on account.

Parties
Claimant: Richard Achille; Defendant: Philip Calcutt; Defendant: Jane Carrington
Jurisdiction
England and Wales
Judgment Date
23 August 2024
Procedural Posture
Civil / Judgment on Civil Restraint Order and Costs Following Refusal of Permission to Bring Contempt Proceedings
Outcome
Extended civil restraint order granted; costs awarded to defendants.
Legal Topics
Civil Restraint Orders, Vexatious Litigation, Costs, Access to Justice
Civil Procedure Civil Restraint Orders Vexatious Litigation Costs Access to Justice

Case Brief

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Parties

Richard Achille

Claimant

Philip Calcutt

Defendant

Jane Carrington

Defendant

Procedural Posture

Civil / Judgment on Civil Restraint Order and Costs Following Refusal of Permission to Bring Contempt Proceedings

Legal Issues

  1. 1 Whether a further civil restraint order should be imposed on the claimant
  2. 2 Appropriate scope and duration of any civil restraint order
  3. 3 Entitlement to costs following refusal of permission to bring contempt proceedings

Ratio Decidendi

The claimant has persistently issued claims and applications that are totally without merit, justifying the imposition of a three-year extended civil restraint order covering all claims and applications arising from the events at Moseley Tennis Club in 2014. The requirement to pay court fees upfront does not bar access to justice. The defendants are entitled to their costs of the contempt proceedings on the standard basis, including a payment on account.

Court Disposition

Extended civil restraint order granted; costs awarded to defendants.

Orders

  • The claimant is subject to an extended civil restraint order for three years restraining claims and applications arising from the events at Moseley Tennis Club in 2014 without permission of the court.
  • The claimant shall pay the defendants' costs of the contempt proceedings on the standard basis, to be assessed if not agreed.