Gary Taylor & Anor v Michael Andrew Miller
[2023] EWHC 3238 (Ch)
His Majesty's Solicitor General v Paul Millinder
11 November 2022
[2022] EWHC 2832 (Admin)
High Court
A man kept breaking a court order telling him to stop filing silly lawsuits. He sent angry, mean emails to judges. The court decided he'd go to jail for 15 months because he wouldn't stop.
Key Facts
- •Paul Millinder was issued an "all proceedings" order (section 42 Order) on July 6, 2021, for habitually bringing vexatious legal proceedings.
- •Millinder repeatedly disobeyed the section 42 Order.
- •The Solicitor General brought committal proceedings for contempt of court against Millinder.
- •Millinder's actions stemmed from an unresolved commercial dispute whose claims were time-barred and companies involved were liquidated.
- •Millinder made unsubstantiated allegations of fraud and conspiracy against judges.
- •Millinder sent numerous emails to judges and court staff in violation of the section 42 Order.
- •Millinder's appeal against the section 42 Order was dismissed by the Court of Appeal.
- •Millinder failed to appear in person for the committal hearing, citing residence abroad and potential arrest for prior conviction.
- •The court allowed Millinder to participate remotely, but he shared the link with others and later disconnected.
- •Millinder made allegations against Lady Justice Andrews, but did not formally request her recusal.
Legal Principles
Section 42 of the Senior Courts Act 1981 allows for orders against vexatious litigants.
Senior Courts Act 1981
A court order must be obeyed even if the litigant believes the order to be wrongly made; the remedy is to appeal.
Khawaja v Popat & Another [2016] EWCA Civ 362
Orders of the court are treated as valid unless and until set aside.
MacFoy v United Africa Ltd [1962] AC 152 (obiter)
In committal proceedings for contempt, the court considers the seriousness of the conduct (culpability and harm), whether a fine suffices, and mitigating factors.
Attorney General v Crosland [2021] UKSC 15
Section 85A of the Courts Act 2003 and related regulations govern remote observation of court proceedings.
Courts Act 2003
Outcomes
Millinder found in contempt of court for breaching the section 42 Order.
Millinder deliberately and repeatedly disobeyed the order by sending numerous emails and making an application to the Crown Court without leave.
Millinder sentenced to 15 months' immediate imprisonment (served concurrently).
The breaches were serious and deliberate, causing harm to the administration of justice. The emails were threatening and used offensive language. Millinder showed no remorse.
Lady Justice Andrews and Mr Justice Cavanagh did not recuse themselves.
No conflict existed; familiarity with the case history was an advantage, and the Court of Appeal had upheld the section 42 Order.