14 February 2011

This Practice Direction supplements FPR rule 4.8

Introduction

1.1 This practice direction applies where the court is considering whether to make -

(a) a limited civil restraint order;

(b) an extended civil restraint order; or

(c) a general civil restraint order,

against a party who has made applications which are totally without merit.

Rules 4.3(7), 4.4(5) and 18.13 provide that where a statement of case or application is struck out or dismissed and is totally without merit, the court order must specify that fact and the court must consider whether to make a civil restraint order. Rule 30.11(5) makes similar provision where the appeal court refuses an application for permission to appeal, strikes out an appellant's notice or dismisses an appeal.

The powers of the court to make civil restraint orders are separate from and do not replace the powers given to the court by section 91(14) of the Children Act 1989.

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