Ashcroft & Anor v Webster

Ashcroft & Anor v Webster

The Defendant's conduct since the imposition of the ECRO, including repeated attempts to revisit previously decided issues, issuing meritless claims, and imposing burdens on the Claimants and the court system, demonstrates a clear and serious risk of persistent vexatious litigation. It is appropriate to extend the ECRO for two years to protect the Claimants, third parties, and the administration of justice.

Parties
Claimant: Alison Virginia Ashcroft; Claimant: John Francis Penley; Defendant: Rupert Jolyon St John Webster
Jurisdiction
England and Wales
Judgment Date
21 April 2017
Procedural Posture
Application / Ruling on Extension of Extended Civil Restraint Order
Outcome
application granted
Legal Topics
Civil Restraint Orders, Vexatious Litigation, Proprietary Estoppel, Trusts, Costs Orders
Civil Procedure Property Law Civil Restraint Orders Vexatious Litigation Proprietary Estoppel Trusts Costs Orders

Case Brief

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Parties

Alison Virginia Ashcroft

Claimant

John Francis Penley

Claimant

Rupert Jolyon St John Webster

Defendant

Procedural Posture

Application / Ruling on Extension of Extended Civil Restraint Order

Legal Issues

  1. 1 Whether it is appropriate to extend the duration of an extended civil restraint order against the Defendant
  2. 2 Whether the Defendant's conduct demonstrates persistent vexatiousness warranting continued restraint
  3. 3 Whether the Defendant's applications and claims are without merit and impose undue burdens

Ratio Decidendi

The Defendant's conduct since the imposition of the ECRO, including repeated attempts to revisit previously decided issues, issuing meritless claims, and imposing burdens on the Claimants and the court system, demonstrates a clear and serious risk of persistent vexatious litigation. It is appropriate to extend the ECRO for two years to protect the Claimants, third parties, and the administration of justice.

Court Disposition

application granted

Orders

  • The extended civil restraint order against the Defendant is extended for two years, limited to the High Court and County Court, to expire on 22 March 2019.