| Source: | All England Reporter |
| Publisher Citation: | [2008] All ER (D) 181 (Apr) |
| Court: | Queen's Bench Division |
| Judge: | Butterfield J |
| Representation | Adam Tolley (instructed by Reynold Williams, Poole) for the appellant. |
| The second respondent appeared in person. | |
| Judgment Dates: | 14 April 2008 |
Catchwords
Practice - Order - Civil restraint order - Respondent successfully applying for extended civil restraint order against appellant - Judge granting order - Appellant appealing order on basis of procedural defect - Whether order procedurally defective - Civil Procedure Rules 1998, , .
The Case
An appeal against a decision of a county court judge was allowed, where the judge had erred in granting an extended civil restraint order where the application for the order had been brought using the wrong procedure. The respondent had brought the application under CPR Pt 8, whereas the correct approach would have been to bring the application under CPR Pt 23.
Practice Areas
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