Bukhari v Pow Trust & Ors [2009] EWHC 19 (QB) (16 January 2009)

Bukhari v Pow Trust & Ors [2009] EWHC 19 (QB) (16 January 2009)

The CRO should be reinstated because the requirements for its imposition were met: multiple applications by the Respondents had been found totally without merit, and the order discharging the CRO was made on a misleading and incomplete factual basis, without proper notice to the Applicant.

Citation
[2009] EWHC 19
Parties
Applicant: Sayed Bukhari; Respondent: POW Trust; Respondent: Peter Sainsbury; Respondent: John McVicar; Respondent: Angelo Silva
Jurisdiction
England and Wales
Judgment Date
16 January 2009
Procedural Posture
High Court Application to Reinstate Civil Restraint Order / Post Discharge Application; Hearing of Application to Reinstate CRO
Outcome
CRO reinstated; application to discharge CRO found totally without merit.
Legal Topics
Civil Restraint Orders, Possession Proceedings, Abuse of Process, Applications Without Merit
Civil Procedure Property Law Civil Restraint Orders Possession Proceedings Abuse of Process Applications Without Merit

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Parties

Sayed Bukhari

Applicant

POW Trust

Respondent

Peter Sainsbury

Respondent

John McVicar

Respondent

Angelo Silva

Respondent

Procedural Posture

High Court Application to Reinstate Civil Restraint Order / Post Discharge Application; Hearing of Application to Reinstate CRO

Legal Issues

  1. 1 Whether the Civil Restraint Order (CRO) should be reinstated after being discharged
  2. 2 Whether the court was misled in the application to discharge the CRO
  3. 3 Whether the requirements for making a CRO under Practice Direction 3C were met

Ratio Decidendi

The CRO should be reinstated because the requirements for its imposition were met: multiple applications by the Respondents had been found totally without merit, and the order discharging the CRO was made on a misleading and incomplete factual basis, without proper notice to the Applicant.

Court Disposition

CRO reinstated; application to discharge CRO found totally without merit.

Orders

  • The Civil Restraint Order of 6 March 2008 is reinstated.
  • The application by Mr Sainsbury (for POW Trust) to discharge the CRO is declared totally without merit.