Odutola v Hart & Ors

Odutola v Hart & Ors

The threshold of persistence in issuing totally without merit claims or applications was not satisfactorily met; therefore, neither an extended nor a general civil restraint order was proportionate or justified in the circumstances.

Parties
Petitioner/respondent: Adetutu O. Odutola; Applicant/respondent: Joanna Hart; Applicant/respondent: Hazel Taylor; Applicant/respondent: Victoria Ball; Applicant/respondent: Ian Spencer; Applicant/respondent: Cremorne Mansions Residents Association Limited
Jurisdiction
England and Wales
Judgment Date
30 July 2018
Procedural Posture
Company/unfair Prejudice Petition / Application for Civil Restraint Order Following Strike Out of Petition
Outcome
application for extended or general civil restraint order dismissed
Legal Topics
Unfair Prejudice, Civil Restraint Orders, Abuse of Process
Company Law Civil Procedure Unfair Prejudice Civil Restraint Orders Abuse of Process

Case Brief

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Parties

Adetutu O. Odutola

Petitioner/respondent

Joanna Hart

Applicant/respondent

Hazel Taylor

Applicant/respondent

Victoria Ball

Applicant/respondent

Ian Spencer

Applicant/respondent

Cremorne Mansions Residents Association Limited

Applicant/respondent

Procedural Posture

Company/unfair Prejudice Petition / Application for Civil Restraint Order Following Strike Out of Petition

Legal Issues

  1. 1 Whether the petitioner has persistently issued claims or made applications totally without merit to justify an extended or general civil restraint order (CRO)
  2. 2 Whether the threshold for making an extended or general CRO has been met
  3. 3 Whether a CRO is a proportionate response to the risk of abuse of process

Ratio Decidendi

The threshold of persistence in issuing totally without merit claims or applications was not satisfactorily met; therefore, neither an extended nor a general civil restraint order was proportionate or justified in the circumstances.

Court Disposition

application for extended or general civil restraint order dismissed