“The voluminous papers in this case are full of references by both parties to their desire to walk away from this and get on with their lives. And yet, both of them are still here and are making applications.”
“The second application relates to actions numbered HQ03X00127 and HQ03X00480 and HQ03X03185. In these three actions Mr Carroll is the claimant and Mrs Kynaston is the defendant. There are various causes of action. Mr Kynaston seeks an order dismissing the actions on the ground that they are an abuse of the process of the court having been brought for an improper collateral purpose. I pointed out to Mrs Kynaston in the course of argument that since Mr Carroll is, by virtue of the order of Roderick Evans J. dated20 November 2003 , subject to a civil restraint order which will not expire until November 2005, he will not in any event be able to take any step in any of these actions until the expiry of the civil restraint order in November 2005. In these circumstances, Mrs Kynaston agreed that the sensible course for her is not to pursue the application to dismiss as this stage, but rather to wait until November 2005 and see whether, at that point in time, Mr Carroll takes any further steps. If he does she can then, if so advised, renew the present application. I therefore make no order on this application. ”
“I am writing to request leave to commence an application for the committal of Christine Kynaston for contempt of court.”
“Mr Carroll applied and was given permission to witness summons to Mr Fuende (sic). In the event Mrs Kynaston indicated to the court office before the hearing that while drawing these matters to the attention of the court, she was not pursuing them and she did not refer to them in her oral submissions.”
“any argument as to whether a particular fresh process is or is not caught by an extant Grepe v Loam order is avoided….I attach no little importance to this aspect. If Mr Ebery’s obsession deepens,….as I fear it may, there is every possible that he may seek to formulate proceedings in such a way as to raise at any rate an argument to the effect that he does not need Grepe v Loam leave”. The guidance in this respect is summarised at para 53(6) “If an extended civil restraint order is found not to provide the necessary curb on a litigant’s vexatious conduct, a judge of the High Court or a designated civil judge (or his deputy in the county court) should consider whether the time has come to make a general civil restraint order against him” The power in the High Court to make such a general restraint order applies not only in respect of proceedings in the High Court but also in the County Court (Ashok Mahajan v Department of Constitutional Affairs(2004) EWCA Civ 946 at para 58). “If an extended civil restraint order is found not to provide the necessary curb on a litigant’s vexatious conduct, a judge of the High Court or a designated civil judge (or his deputy in the county court) should consider whether the time has come to make a general civil restraint order against him”