Kerry v Y (Rev 1)

Kerry v Y (Rev 1)

The ECRO and GCRO were validly imposed and applied to the claimant's applications, including those in pre-existing proceedings, as they concerned matters relating to or touching upon the criminal proceedings against the claimant. The orders are proportionate and necessary to prevent abuse of court process, and do not breach Article 6 or deprive the claimant of protection from harassment.

Parties
Claimant: Ian Michael Kerry; Defendant: Y; Defendant: X; Defendant: Chief Constable of Humbershire Police
Jurisdiction
England and Wales
Judgment Date
14 November 2019
Procedural Posture
Civil / Appeal and Applications to Set Aside/vary Civil Restraint Orders
Outcome
Appeal dismissed; applications to set aside or vary ECRO and GCRO refused.
Legal Topics
Civil Restraint Orders, Appeals, Protection From Harassment, Abuse of Process
Civil Procedure Judicial Review Harassment Civil Restraint Orders Appeals Protection From Harassment Abuse of Process

Case Brief

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Parties

Ian Michael Kerry

Claimant

Y

Defendant

X

Defendant

Chief Constable of Humbershire Police

Defendant

Procedural Posture

Civil / Appeal and Applications to Set Aside/vary Civil Restraint Orders

Legal Issues

  1. 1 Whether the extended civil restraint order (ECRO) applied to applications for permission to appeal in harassment actions
  2. 2 Whether the ECRO and general civil restraint order (GCRO) could apply to pre-existing proceedings
  3. 3 Whether the ECRO breached Article 6 rights

Ratio Decidendi

The ECRO and GCRO were validly imposed and applied to the claimant's applications, including those in pre-existing proceedings, as they concerned matters relating to or touching upon the criminal proceedings against the claimant. The orders are proportionate and necessary to prevent abuse of court process, and do not breach Article 6 or deprive the claimant of protection from harassment.

Court Disposition

Appeal dismissed; applications to set aside or vary ECRO and GCRO refused.

Orders

  • Notice of Appeal struck out.
  • Application to set aside or vary Lavender J’s order of 4 September 2019 refused.