Key Facts
- •Ms. Cheryl Plummer repeatedly filed meritless lawsuits against Mr. Joshua Jacob Friedlander and his solicitors, relating to a property transaction.
- •Five sets of proceedings were initiated in the County Court, all dismissed or struck out.
- •Three orders explicitly stated the claims were totally without merit; three others were retrospectively deemed so by Mr. Justice Miles.
- •Ms. Plummer failed to appear or respond to communications regarding the civil restraint order (CRO) application.
- •The court found connections between Ms. Plummer and Leslie Gayle-Childs, a known vexatious litigant.
- •Ms. Plummer's filings exhibited hallmarks of vexatious litigation, including use of accommodation addresses, unclear representation, and disorganised documentation.
- •Mr. Friedlander incurred significant costs defending these actions.
Legal Principles
Requirements for a Civil Restraint Order (CRO), including the need for persistently issuing claims without merit.
Sartipy v Tigris Industries Inc [2019] EWCA Civ 225; White Book paragraph 3.11(2)
The court may consider previous applications, not only those explicitly certified as without merit, when deciding on a CRO.
Sartipy v Tigris Industries Inc [2019] EWCA Civ 225
A General Civil Restraint Order (GCRO) can be issued when a party persistently issues claims totally without merit, exceeding the scope of an extended CRO.
Implicit in the judgment's reasoning and application of Sartipy principles
Outcomes
A General Civil Restraint Order (GCRO) was granted against Ms. Cheryl Plummer.
Ms. Plummer persistently issued multiple meritless claims, exhibited vexatious litigation behavior linked to a known vexatious litigant, and caused substantial prejudice to Mr. Friedlander.