What is a Civil Restraint Order (CRO)?
A CRO is a court order issued by a judge that stops a person from re-applying to court. This would be necessary when a person’s application for a court hearing has been refused because it is totally without merit, but they won’t accept the judge’s refusal.
The other party or parties to the proceedings may apply for a CRO.
What are the different types of CROs?
The judge issuing the CRO will decide which order is most appropriate:
Limited Civil Restraint Order (LCRO)
An LCRO may be issued by a judge of any court where a person has made more than one application that is totally without merit. If you are subject to a LCRO and make a further court application without first obtaining the judge’s permission, your application will automatically be dismissed.
Extended Civil Restraint Order (ECRO)
If you continue to go back to court, the judge may issue an ECRO. An ECRO may be issued by a Court of Appeal judge, a High Court judge, and in some cases, a County Court judge. If you are subject to an ECRO and make a further court application without first obtaining the judge’s permission, your application will automatically be dismissed.
General Civil Restraint Order (GCRO)
In extreme cases where an ECRO would not be sufficient, a judge will grant a GCRO. A GCRO may be issued by a Court of Appeal judge, a High Court judge, and in some cases, a County Court judge. If you ignore a GCRO and continue to go back to court, you will be in ‘contempt of court’ (disobeying or ignoring a court order) and may receive a prison sentence.
In the news:
In recent news, a litigant named Sayed Sangamneheri has been issued with a second ECRO by a High Court judge for continuing to bring meritless claims. As a result, Mr Sangamneheri has been banned from making further applications in the High Court for two years.
After the collapse of his arbitration case in 2015, Mr Sangamneheri first brought a judicial review against the arbitrator. When this was dismissed as meritless, he proceeded to sue the arbitrator and this claim was also struck out as totally without merit. At this stage, a High Court judge issued a first ECRO against Mr Sangamneheri in 2018.
Following this however, Mr Sangamneheri has continued to bring court applications in this matter, including a recent claim for £33.3 quadrillion. As a result, earlier this month a High Court judge struck out the claim for being totally without merit and has imposed a second ECRO on Mr Sangamneheri.
Read about that case here: https://www.lawgazette.co.uk/news/33-quadrillion-serial-litigant-given-two-year-court-ban/5112206.article
How we can help you
This article sets out the basic principles regarding CROs, which form part of the Civil Procedure Rules. At TV Edwards, our Dispute Resolution solicitors are experts in all aspects of civil procedure and litigation. If you would like to find out more about the services we can offer you, please contact the Dispute Resolution team at TV Edwards Solicitors LLP.