Green v Daws

Alexander represented the defendants on applications arising from proceedings commenced in breach of an extended civil restraint order. The court addressed its jurisdiction after discontinuance and the thresholds for extending or making civil restraint orders.

Case overview

The claimant issued a damages claim connected with earlier bankruptcy proceedings without first obtaining the permission required by an extended civil restraint order. Shortly before the hearing he discontinued. The defendants sought costs, continuation of restraint and orders concerning a third party said to have acted in tandem with him.

Principal issues or remedies

• Whether the court could determine the outstanding applications notwithstanding discontinuance and the claimant's non-attendance.
• Whether the gateway for a general civil restraint order was satisfied.
• Whether a third party could be joined and restrained where litigation was alleged to be a joint enterprise.

Alexander's role, work and outcome

The court approved a two-year extension of the existing extended civil restraint order and confirmed that it had jurisdiction in principle to join and restrain a third party where litigation was pursued as a joint enterprise.

Why the case matters

The report illustrates the distinct thresholds for extended and general civil restraint orders and confirms that discontinuance does not necessarily prevent the court determining remaining costs and restraint issues.

Official, reported and published materials

• Public judgment transcript →

Claim No. QB-2020-003863; reported at [2021] 4 WLUK 29. The linked public transcript is not an official National Archives publication.