Cheryl Plummer v Stephen Flattery

Cheryl Plummer v Stephen Flattery

The application was adjourned, not dismissed, because the court requires further evidence to determine whether its processes are being abused and whether the proceedings fall within the scope of the General Civil Restraint Order and/or the section 42 order against Leslie Gayle-Childs. The applicant must file a comprehensive witness statement addressing the court's concerns as a condition of the adjournment.

Parties
Claimant: Cheryl Plummer LP t/a Cheryl Plummer; Defendant: Stephen Flattery
Jurisdiction
England and Wales
Judgment Date
28 May 2025
Procedural Posture
Civil / Interlocutory Application to Set Aside Previous Orders; Adjournment Granted
Outcome
Application adjourned with conditions
Legal Topics
Abuse of Process, Civil Restraint Orders, Possession Proceedings, Vexatious Litigation
Civil Procedure Property Law Abuse of Process Civil Restraint Orders Possession Proceedings Vexatious Litigation

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Parties

Cheryl Plummer LP t/a Cheryl Plummer

Claimant

Stephen Flattery

Defendant

Procedural Posture

Civil / Interlocutory Application to Set Aside Previous Orders; Adjournment Granted

Legal Issues

  1. 1 Whether the application to set aside orders of 20 March 2024 and 17 April 2024 should be granted
  2. 2 Whether the proceedings are within the scope of a General Civil Restraint Order and/or a section 42 order against Leslie Gayle-Childs
  3. 3 Whether the court's processes are being abused by entities connected to Leslie Gayle-Childs

Ratio Decidendi

The application was adjourned, not dismissed, because the court requires further evidence to determine whether its processes are being abused and whether the proceedings fall within the scope of the General Civil Restraint Order and/or the section 42 order against Leslie Gayle-Childs. The applicant must file a comprehensive witness statement addressing the court's concerns as a condition of the adjournment.

Court Disposition

Application adjourned with conditions

Orders

  • CPLP to produce a witness statement with a statement of truth addressing specified areas of concern, including authority, document authenticity, connections between entities, and potential abuse of process.
  • Copy of the judgment to be sent to the office of the Attorney-General.