Civil restraint order

Not to be confused with restraint order, which freezes a person's assets and bank accounts in relation to suspected proceeds of crime (UK law).
Not to be confused with restraining order, which protects a person or entity, and the general public, in a situation involving alleged domestic violence, harassment, stalking, or sexual assault (US law).

In the law of England and Wales, a civil restraint order (CRO) is a court order intended to prevent vexatious litigation. Courts have the means of escalating the sanctions against a litigant who makes applications to the court that are "totally without merit":[1]

There are three types of CRO: limited, extended and general, with different scopes of application:[2]

  • a limited civil restraint order (formerly a Grepe v. Loam order[3]) where two or more applications totally without merit are made in a single proceedings. No further application may be made in the proceedings without the permission of the court.
  • an extended civil restraint order (formerly an Ebert order[4]) for "persistently vexatious behaviour" lasts for a specified period of no more than three years for "applications touching upon instant matters" and can only be granted by a judge of the Court of Appeal, High Court or a designated civil judge.
  • a general civil restraint order (formerly a Bhamjee order[5]) for a maximum of three years for all proceedings in the High Court or specified county courts.

Further applications totally without merit can lead to withdrawal of the right of appeal. Harassment of the court and court officials can lead to a penal prohibition notice, prohibiting the litigant from contacting or approaching the court without permission.[6]

HM Courts Service maintains a list of vexatious litigants.[7]

  1. ^ Civil Procedure Rules, Practice Direction to Pt.3 3CPD.2.1
  2. ^ "Civil restraint orders - Detailed guidance - GOV.UK". www.gov.uk. 1 October 2014. Retrieved 24 December 2015.
  3. ^ Grepe v Loam (1887) 37 Ch.D 168
  4. ^ Ebert v. Venvil [1999] EWCA Civ 3043 (30 March 1999), Court of Appeal (England and Wales)
  5. ^ Bhamjee v. Forsdick (No. 2) [2003] EWCA Civ 1113 (25 July 2003), Court of Appeal (England and Wales)
  6. ^ O'Hare, J.; Browne, K. (2005). Civil Litigation (12th ed.). London: Sweet & Maxwell. para 7.011. ISBN 0-421-90690-1.
  7. ^ "List of vexatious litigants (England and Wales)". HM Courts Service. Retrieved 3 February 2012.