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Do you need protection from an obsessive LIP?

Jonathan Fozard explains how solicitors can protect their clients from troublesome LIPs

24 July 2017

What can one do when faced with a litigant (almost always a litigant in person) who repeatedly pursues plainly bad litigation in relation to the same subject matter? All too frequently the LIP is immune from adverse costs orders because they have nothing to attach; they may be genuinely impecunious or they may have cannily put their assets effectively out of reach.

The answer might be a civil restraint order (CRO). The CRO’s function is to prohibit obsessive litigants from pursuing hopeless causes at great expense to their opponents and the public purse. The court has long had inherent powers to bar troublesome or vexatious litigants but CPR 3.11 and PD 3C have codified the law on CROs in recent years. There are three species: (1) limited CROs; (2) extended CROs; and (3) general CROs. They vary in scope but the general effect is to preclude the subject from instigating litigation (in certain courts, dependi...

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