The scope of civil restraint orders (Nursing and Midwifery Council and another v Harrold)

CA – Nursing and Midwifery Council and another v Harrold 2020 EWHC 1108 (QB)

This case provides an outline of the principles to be applied when both considering the making, and the extending, of a civil restraint order (CRO). In appropriate cases, it is clear that such an order may extend to proceedings brought in the Employment Tribunal. However, in the instant case, the judge held that the inherent jurisdiction of the High Court should not be utilised to expand the scope of the general civil restraint order (GCRO) to include complaints made about parties’ legal advisors to their professional regulators. There were a number of reasons for this, including the fact that the order sought was not directly concerned with preventing an abuse of the High Court or any inferior court, and the fact that the inherent jurisdiction is said to be ‘unlimited’ does not mean that judges may do whatever they consider appropriate or desirable in the circumstances of a case.

This article was first published by Lexis®PSL on 11/05/2020

 Click on case name above for full article

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