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Does a GCRO made by a Designated Civil Judge concern only one county court?


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Practice Direction 4.2 (1) concerning General Civil Restraint Order says

 

“4.2 Unless the court otherwise orders, where the court makes a general civil restraint order, the party against whom the order is made –

(1) will be restrained from issuing any claim or making any application in –

(a) any court if the order has been made by a judge of the Court of Appeal;

(b) the High Court or the County Court if the order has been made by a judge of the High Court; or

(c) the County Court identified in the order if the order has been made by a Designated Civil Judge or their appointed deputy, without first obtaining the permission of a judge identified in the order”

 

I would like to know if this means that a General Civil Restraint Order issued by a Designated Civil Judge from a county court prevents a claimant from issuing claim without the permission of the court only in one county court which should be identified in the General Civil Restraint Order or in all the county courts of England & Wales?

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Hi.

 

I've moved your thread to the General Legal forum and left you a link to follow. People should be along to advise, but please bear with us as it's always quieter at the weekend.

 

HB

Illegitimi non carborundum

 

 

 

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From what you have posted, it seems to me that an order by a County Court judge has effect only in the County Court which has been identified.

Anise an order made at least by a High Court judge to have an effect in all county courts. As my reading.

It seems to me that the order "Cascades".

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I think the same thing but I am wondering if the fact that at the beginning of this rule it is stated "Unless the court otherwise orders" change something?

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Posted (edited)

For reference,  OP other thread...

 

 

TINYURL.COM

Practice Direction 4.2 (1) concerning General Civil Restraint Order says “4.2 Unless the court otherwise orders, where the court makes a general civil...

 

Edited by 45002
url as ever !

Please use the quote system, So everyone will know what your referring too, thank you ...

 

 

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Posted (edited)

An important fact is that there is a ‘single county court’ only since 22 April 2014 so before this date it was clear that a Designated Civil Judge can issue a GCRO banning a litigant from issuing further claims or applications only in one identified county court.

 

The fact that since this date the county courts has become one ‘single county court’ does not extend the power of a Designated Civil Judge to ban a litigant to issue further applications or claims in all county courts; especially that the wording of the Practice Direction 4.2 (1) concerning General Civil Restraint has not been changed since the 22 April 2014 i.e. since seven years ago

 

Therefore there has not been any change in the rule on the 22 April 2024 increasing the power of a Designated Civil Judge to impose a GCRO concerning all the county courts instead of only one identified county court.

 

The is confirmed also by the contents by Section 2 of the form N19B General civil restraint order where it is stated

 

“The Order

It is ordered that you be restrained from issuing any claim or making any application in

 

o   Any Court

o   The High Court or any county court

o            County Court”

 

We notice the blank before the word ‘County Court’ in the third option which purpose should be to indicate which county court is the identified county court

Edited by today
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