Thakerar v Lynch Hall & Hornby

Thakerar v Lynch Hall & Hornby

Ms Thakerar's repeated, meritless applications and appeals constitute persistent abuse of court process, justifying an extended civil restraint order for two years.

Source-derived case information.

Parties
Appellant: Thakerar; Respondent: Lynch Hall & Hornby
Jurisdiction
England and Wales
Judgment Date
21 October 2005
Procedural Posture
Application / Judgment
Outcome
extended civil restraint order granted
Legal Topics
Civil Restraint Orders, Abuse of Process, Costs
Civil Procedure Civil Restraint Orders Abuse of Process Costs

Source-derived case record

Summary, issues, holding and outcome

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Parties

Thakerar

Appellant

Lynch Hall & Hornby

Respondent

Procedural Posture

Application / Judgment

Legal Issues

  1. 1 Whether an extended civil restraint order should be made against Ms Thakerar
  2. 2 Whether Ms Thakerar's conduct constitutes persistent abuse of court process

Ratio Decidendi

Ms Thakerar's repeated, meritless applications and appeals constitute persistent abuse of court process, justifying an extended civil restraint order for two years.

Court Disposition

extended civil restraint order granted

Orders

  • Extended civil restraint order against Ms Thakerar for two years
  • Costs assessed summarily at £3,500