No CPR 3.11 warning. TWM count arguable. Bhamjee clear.
No lesser sanctions considered before imposing a 2-year Chancery Division LCRO on BL-2024-001089 alone. Imposed by the same judge the Claimant had complained about 7 days earlier, on undefended proceedings (no defence filed for 540+ days). No costs warning, no extended CRO. The nuclear option applied without proportionality analysis. TWM count arguably incorrect (N460 refused a non-existent application). Any further Chancery Division filing risks escalation to a GCRO.
Bhamjee v Forsdick [2003] EWCA Civ 1113
What the opponent will argue, and why they are wrong.
Three TWM certifications meet the PD 3C threshold.
The third TWM (N460, 27.02.2025) refused a PTA that was NEVER FILED. No N161 exists. Court invented an application to refuse it. Properly counted, only 2 valid TWMs existed. Even if 3 existed, no CPR 3.11 warning was ever given (mandatory prerequisite). The Chancery Division LCRO applies to BL-2024-001089 alone, imposed by the same judge complained about 7 days earlier on undefended proceedings (no defence for 540+ days). Bhamjee: LCRO is measure of last resort. CROs disproportionately target litigants in person. Any further Chancery Division filing risks escalation to a GCRO.
The applicant's volume of litigation justified the LCRO.
CC WMP v Blackburn [2024] EWCA Civ 1017: volume of litigation by a disabled person is not inherently vexatious. The Chancery Division LCRO applies to one proceeding only (BL-2024-001089), imposed by the same judge complained about 7 days earlier, on undefended proceedings (no defence for 540+ days). Each application was responding to void orders, fabricated terms, or obstruction. When the system fails at every level, multiple applications are the CONSEQUENCE of systemic failure, not evidence of abuse. CROs disproportionately target litigants in person.
Dates are objective facts on court documents. Not disputable.
Fallback: Rely on MHCM (G-A5), bias (G-A6), or unfairness (G-A7) to void LCRO.
Independence: Partially dependent on other grounds succeeding.
| Date | Judge | Type | Status |
|---|---|---|---|
| 27 February 2025 | Master Kaye | Limited Civil Restraint Order | VOID |