RUPERT ST JOHN WEBSTER v JOHN FRANCIS PENLEY & Anor.
[2023] EWHC 1034 (Ch)
Gillian Ridley v Blackpool County Court
29 March 2023
[2023] EWCA Civ 586
Court of Appeal
A man kept trying to reopen a lost court case, even though he'd lost many times before. The court got tired of him wasting their time and money, so they made an order to stop him from filing any more documents related to the case unless a judge says he can.
Key Facts
- •Gillian Ridley (deceased) had a protracted legal battle concerning her business tenancy.
- •Numerous applications were made by her McKenzie Friend, Mr. Shamlou, to reopen the case, all deemed without merit.
- •Mr. Shamlou suffers from paranoid schizophrenia, impacting his ability to process information.
- •The applications centered on alleged jurisdictional errors and fraud within the County Court proceedings.
- •Seven applications to reopen the case were previously refused, four declared totally without merit.
Legal Principles
Court's power to make a civil restraint order (CRO) against parties issuing claims or making applications totally without merit.
CPR rule 3.11
Procedure for making CROs, including types of CROs (limited, extended, general).
Practice Direction 3C
Definition of 'persistently' in the context of CROs; at least three totally without merit claims/applications are needed for an extended CRO.
Practice Direction 3C, paragraph 3.1(3)
Considerations when deciding whether to impose a CRO, including 'threat level' of future unmeritorious litigation.
Ludlam (a Bankrupt) [2009] EWHC 2067 (Ch)
Challenge to County Court decisions usually done through appeals, not judicial review; exceptions exist (Sivasubramaniam).
Sivasubramaniam v Wandsworth County Court [2002] EWCA Civ 1738
Outcomes
An extended CRO was made against Mr. Shamlou.
Mr. Shamlou persistently made applications totally without merit; the threat of future unmeritorious litigation remained high; his actions constituted an abuse of court process and wasted resources.
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