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R (Ranbir Kumar) v Secretary of State for Constitutional Affairs

The court substituted a general restraint order made against a litigant for an extended civil restraint order as the judge had had no power to make a general civil restraint order against the litigant in circumstances where, for the purpose of the CPR Part 3 PD C para 4, no extended civil restraint order had ever been made against him at the time of the hearing.

28 July 2006

The appellant (K) appealed against a general civil restraint order which prohibited him, for a period not exceeding two years, from instituting any proceedings or applications in the High Court or in any county court without the permission of the court. K had brought a judicial review claim complaining about the way that two actions had been handled. Permission to apply for judicial review was refused on the basis that the application was totally without merit and an abuse of process. Two further actions were dismissed, but the judges did not suggest that the claims were totally without merit. K then brought a further action complaining about the way that the first two claims had been handled. The court held that the claim should be dealt with under CPR Part 7, and gave notice that the defendants’ application to strike out the claim would be heard at a scheduled date. K then commenced a further action challenging those decisions. The judge dismissed K’s application for permissio...

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