From frustration to finality: A tactical guide to Civil Restraint Orders

Past event

Thursday 06 November 2025

Join Jeff Hardman of Landmark Chambers as he unpacks the strategy and practical steps for obtaining Civil Restraint Orders against persistent and vexatious litigants.

Overview

Are you dealing with a litigant who refuses to take 'no' for an answer? Do repeated, hopeless applications consume your client's resources and divert the Court's time? The Civil Restraint Order (CRO) is one of the most powerful tools in the procedural armoury for protecting the administration of justice from abuse.

Drawing on his direct experience in the recent High Court case of Fernie v Burton Waters Management Ltd, Jeff Hardman will provide a focused, practical session on the journey to securing a General CRO. This seminar will move beyond legal theory to provide actionable insights into building a compelling case, targeting the true "driving force" behind the litigation, and ensuring the order has the necessary scope to be effective.

Date and time

Thursday 06 November 2025 | 13:00 - 13:45

Programme

In this 45-minute tactical session, we will cover:

A concise guide to the three types of orders - Limited, Extended, and General - and when to deploy each one.
How to successfully demonstrate the crucial element of "persistence" in making applications that are "totally without merit."
Key strategies for marshalling evidence, from previous court orders to the litigant's own communications, to build an irrefutable narrative.
A look at the Court’s power to make a CRO against a non-party who is the "driving force" behind the unmeritorious litigation.
Practical considerations for using the Court’s inherent jurisdiction to extend the CRO to proceedings in other courts and tribunals.
Question and Answers