In Harrold (No 1) and Harrold (No 2), the High Court determined that it has the inherent jurisdiction to make civil restraint orders covering employment tribunal proceedings and that a CRO should be made. Adam Solomon and Charlotte Davies look at when and how tribunal practitioners should apply for CROs.
The need for CROs
Most employment practitioners will have experienced a litigant who makes repeated, ill-founded claims. This is expensive, time-consuming and frustrating for respondents. It is difficult to obtain costs orders in the tribunal, and tribunals are often reluctant to strike out claims without a hearing. Even if costs orders are made, they are often unpaid by impecunious and vexatious repeat litigants. What can be done to stop litigants in these circumstances?
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Reproduced from the ELA Briefing with the permission from the editor. For further information visit www.elaweb.org.uk.