Sturgess, R (on the application of) v Swansea County Court & Ors

Sturgess, R (on the application of) v Swansea County Court & Ors

All claims are totally without merit, constitute an abuse of process, and fall within the scope of existing or new civil restraint orders. The claimant's persistent meritless litigation justifies the imposition of a General Civil Restraint Order and indemnity costs.

Parties
Claimant: David Alan Sturgess; Defendant: Swansea County Court; Defendant: Chief Constable of Dyfed Powys; Defendant: Carmarthen County Court; Interested Party: Independent Police Complaints Commission; Interested Party: Bank of Scotland
Jurisdiction
England and Wales
Judgment Date
06 March 2014
Procedural Posture
Judicial Review / Permission/preliminary
Outcome
Permission to proceed refused for all claims; General Civil Restraint Order imposed; costs awarded.
Legal Topics
Abuse of Process, Civil Restraint Orders, Costs, Judicial Review Procedure
Civil Procedure Judicial Review Civil Restraint Orders Abuse of Process Costs Judicial Review Procedure

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Parties

David Alan Sturgess

Claimant

Swansea County Court

Defendant

Chief Constable of Dyfed Powys

Defendant

Carmarthen County Court

Defendant

Independent Police Complaints Commission

Interested Party

Bank of Scotland

Interested Party

Procedural Posture

Judicial Review / Permission/preliminary

Legal Issues

  1. 1 Whether the claimant's applications for judicial review are totally without merit
  2. 2 Whether a General Civil Restraint Order should be imposed
  3. 3 Whether costs should be awarded on an indemnity basis for abusive litigation

Ratio Decidendi

All claims are totally without merit, constitute an abuse of process, and fall within the scope of existing or new civil restraint orders. The claimant's persistent meritless litigation justifies the imposition of a General Civil Restraint Order and indemnity costs.

Court Disposition

Permission to proceed refused for all claims; General Civil Restraint Order imposed; costs awarded.

Orders

  • Permission to proceed refused in CO/530/2014, CO/817/2014, CO/823/2014, CO/836/2014 as totally without merit.
  • Claimant to pay Chief Constable of Dyfed Powys £1,208.04 costs in CO/823/2014.