THE HONOURABLE MR JUSTICE NICKLIN Approved Judgment
MBR Acres Ltd -v- McGivern
99. Nevertheless, CPR PD 3C §2.1 provides that a limited civil restraint order can be made only where a party has made two or more applications that are totally without merit. This is the first totally without merit application made by the Claimants in these proceedings. 100. The effect of a limited civil restraint order is to restrain the party made subject to it from making any further applications in the proceedings without first obtaining the permission of the Court. I asked Ms Bolton at the hearing whether the Court had jurisdiction to impose a requirement that the Claimants could only issue further contempt applications against “Persons Unknown” if they first obtained the permission of the Court. Ms Bolton initially submitted that the Court did have jurisdiction to impose such a requirement but to do so would be unfair and inappropriate. She submitted it would only be appropriate if the Claimants were found to be bringing multiple baseless contempt applications. After the lunch adjournment, Ms Bolton’s position hardened. She submitted that the Court in fact did not have jurisdiction to impose a permission requirement. She argued that CPR Part 81 provided expressly that certain types of contempt application could only be brought with the permission of the Court. Allegations of contempt based upon breach of a court injunction were not subject to that permission regime. The Court could not impose a permission requirement otherwise than in accordance with Part 81. 101. For the reasons I have explained in this judgment, depending upon its terms, a “Persons Unknown” injunction can have the potential to catch in its net people that were never intended by the Court to be caught. Ms McGivern is an example, but others were discussed at the hearing, including the passing motorist who stops temporarily in outside the gates of the Wyton Site and who inadvertently obstructs a vehicle that is leaving the premises. By dint of the operation of the definition of “Persons Unknown” and the deemed notice of the terms of the Injunction under the alternative service order, that motorist, like Ms McGivern, ends up potentially having to face a contempt application. In ordinary cases, the Court might usually expect that a litigant who had obtained such an injunction would consider carefully whether it was proportionate and/or a sensible use of the Court’s and the parties’ resources for contempt proceedings to be brought against someone who had inadvertently contravened the terms of the injunction. The Claimants have demonstrated that, even with the benefit of professional advice and representation, the Court cannot rely upon them to perform that task appropriately. 102. I am satisfied that the Court does have the power, ultimately as part of its case management powers to protect its processes from being abused and its resources being wasted, to impose a permission requirement. I reject the submission that the Court is powerless and must simply adjudicate upon such contempt applications that the Claimants seek to bring. “Persons Unknown” injunctions are recognised to be exceptional specifically because they have the potential to catch newcomers. I do not consider that it is an undue hardship that these Claimants should be required to satisfy the Court that a contempt application they wish to bring (a) is one that has a real prospect of success; (b) is not one that relies upon wholly technical or insubstantial breaches; and (c) is supported by evidence that the respondent had actual knowledge of the terms of the injunction before being alleged to have breached it. 103. Although the conditions for the making of a limited civil restraint order are not met, the imposition of a requirement that the Claimants must obtain the permission of the Court
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