Vexatious litigation

The court has various powers to prevent parties from bringing or pursuing claims where they are vexatious.

Civil restraint orders (CROs)

CROs can be made where a party persists in issuing claims or making applications that are totally without merit under CPR 2.3 and CPR PD 3C, para 1. The CRO restrains the party from making claims or applications either in certain proceedings or in certain courts (depending on the type of CRO) and can apply to specific proceedings or for a specific period of up to three years, which can later be extended by the court. During this time, the party who is subject to the CRO will only be able to make applications or claims (as specified in the order) with prior permission of the court.

A CRO can be made by the court of its own initiative. If the court strikes out a statement of case or dismisses an application and considers that the claim or application is totally without merit, the court is obliged to consider whether it is appropriate to make a CRO. Where the appeal court refuses an application for permission

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