HM Attorney General v Edwards & Anor

HM Attorney General v Edwards & Anor

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. The application is therefore refused.

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 and Application for Costs
Outcome
Application refused for lack of jurisdiction; costs awarded to interested party.
Legal Topics
Vexatious Litigants, Civil Restraint Orders, Jurisdiction, Retrospective Leave, Employment Tribunal Claims, Costs
Civil Procedure Employment Law Vexatious Litigants Civil Restraint Orders Jurisdiction Retrospective Leave Employment Tribunal Claims Costs

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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 and Application for Costs

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
  3. 3 Entitlement to costs for the interested party

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. The application is therefore refused.

Court Disposition

Application refused for lack of jurisdiction; costs awarded to interested party.

Orders

  • Application for leave under section 42 Senior Courts Act 1981 refused.
  • Applicant to pay the interested party's costs summarily assessed at £4,000.