Amelia recently appeared on behalf of a Defendant in an application hearing before the Designated Civil Judge in the area and successfully obtained an order for strike out of the Claimant’s claim. She was also successful in arguing that the claim should be certified as totally without merit and that an Extended Civil Restraint Order should be imposed for a period of three years.
The Claimant had previously issued a similar claim against the same Defendant, which was struck out and certified as totally without merit at an earlier application hearing where Amelia was instructed as counsel for the Defendant. The Claimant sought to apply to appeal that decision out of time and it ultimately came for an oral hearing before Mrs Justice Yip. The Order from that hearing did not state on its face that the application to appeal was totally without merit but at the application hearing the Judge accepted that Mrs Justice Yip regarded the appeal as being totally without merit by virtue of the language used in the Order.
The Claimant had therefore made three claims or applications which were totally without merit and the Judge was also satisfied, considering the chronology of events, that her conduct was persistent. He made an Extended Civil Restraint Order for a period of three years.
The decision demonstrates that the courts are prepared to take action to protect both the court and Defendants from unmeritorious claims, particularly when individuals attempt to relitigate points which have already been determined.
Amelia was instructed by the Government Legal Department.
