HM Attorney General v Edwards & Anor [2015] EWHC 1653 (Admin) (12 May 2015)

HM Attorney General v Edwards & Anor [2015] EWHC 1653 (Admin) (12 May 2015)

The High Court has no jurisdiction to grant retrospective leave under section 42 of the Senior Courts Act 1981 for proceedings commenced without prior leave; such proceedings are a nullity and cannot be revived by subsequent application.

Citation
[2015] EWHC 1653 (Admin)
Parties
Claimant: HM Attorney General; Defendant: Simon Albert Edwards; Interested Party: Brecker Grossmith Ltd
Jurisdiction
England and Wales
Judgment Date
12 May 2015
Procedural Posture
Application Under Section 42 of the Senior Courts Act 1981 / Judgment on Application for Leave to Continue Employment Tribunal Proceedings
Outcome
Application refused for lack of jurisdiction.
Legal Topics
Vexatious Litigants, Civil Restraint Orders, Jurisdiction, Retrospective Leave, Employment Tribunal Claims
Civil Procedure Employment Law Vexatious Litigants Civil Restraint Orders Jurisdiction Retrospective Leave Employment Tribunal Claims

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Parties

HM Attorney General

Claimant

Simon Albert Edwards

Defendant

Brecker Grossmith Ltd

Interested Party

Procedural Posture

Application Under Section 42 of the Senior Courts Act 1981 / Judgment on Application for Leave to Continue Employment Tribunal Proceedings

Legal Issues

  1. 1 Whether the High Court has jurisdiction to grant retrospective leave under section 42 of the Senior Courts Act 1981 for proceedings commenced without prior leave
  2. 2 Whether proceedings commenced in breach of a civil restraint order are a nullity

Ratio Decidendi

The High Court has no jurisdiction to grant retrospective leave under section 42 of the Senior Courts Act 1981 for proceedings commenced without prior leave; such proceedings are a nullity and cannot be revived by subsequent application.

Court Disposition

Application refused for lack of jurisdiction.

Orders

  • Application for leave under section 42 Senior Courts Act 1981 refused.
  • Costs summarily assessed and awarded to the Interested Party in the sum of £4,000.