Wragge Lawrence Graham & Co

UK 200 2013 position: 25

Cavalier attitude leads to civil restraint order

Where a party’s behaviour indicates an intention to re-litigate matters previously struck out and to frustrate the other party’s rights, the court will step in to avoid further costs and court time being wasted and grant a civil restraint order.

In JL Homes Ltd v Mortgage Express, Diakiw and Heap (acting as LPA receivers), the court did just that. The claimant owned six buy-to-let properties mortgaged to Mortgage Express. Arrears accrued, LPA receivers were appointed and possession orders were made in relation to five of the properties.

The claimant had alleged the LPA receivers had been wrongly appointed (despite the mortgage arrears and the fact the tenants in the properties had not been consented to) and made a number of other claims that the court also held were without foundation…

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