‘Incorrigible’ vexatious litigant barred from every court

An ‘incorrigible’ vexatious litigant who bombarded attorneys and judges with allegations of conspiracy and fraud in a marketing campaign to ‘threaten and intimidate’ has been barred from bringing proceedings in any civil or legal court in England and Wales. Granting an all-proceedings order sought by the legal professional common underneath Part 42 of the Senior Courts Act, Lady Justice Andrew and Mr Justice Swift warned businessman Paul Millinder that he might face motion for trying to pervert the course of justice in addition to contempt of court. 

The indefinite s42 order bars Millinder from bringing or persevering with any civil proceedings or initiating any legal proceedings with out go away of the Excessive Court. It additionally restricts the variety of emails and different communications that Millinder could ship in the middle of any try to range the order.

The choice follows years of court functions arising from an unsuccessful enterprise enterprise involving Middlesbrough soccer membership and two now liquidated corporations managed by Millinder. Final yr the membership was granted a everlasting injunction towards the presentation of a petition by Millinder. 

Millinder has already been the topic of an prolonged civil restraint order which expired in 2020 and a common civil restraint order, which runs to November 2022, granted on the bottom that he had persistently made functions that had been completely with out benefit.

The applying for the s42 order adopted makes an attempt by Millinder to hunt warrants of arrest for and legal prosecutions of individuals concerned within the civil proceedings, together with a liquidator of his corporations and solicitors performing for Middlesbrough. These had been dismissed by a district decide as ‘wholly with out benefit, malicious and vexatious’. 

In judgment, Mr Justice Swift commented: ‘Mr Millinder’s e mail barrages should not merely within the class of misguided communications of a litigant in individual, however relatively they’re a selected tactic which he deploys both to harass or within the hope that he could browbeat the recipients.’ 

Whereas an order underneath s42 is a severe step, the case for an all-proceedings order is ‘overwhelmingly clear’, he mentioned. ‘Mr Millinder’s pursuit of each of the issues litigated between his corporations and [Middlesbrough], and of varied attorneys, judges and others who’ve performed elements in these proceedings is incorrigible.’

Agreeing with the choice, Woman Justice Andrews mentioned that s42 orders are ‘very a lot a final resort’. Nevertheless Millinder’s behaviour gave the court no selection. ‘I’m fortified in my independently fashioned view that Mr Millinder is ready on a marketing campaign of vindicitive harassment which won’t cease except he’s constrained to cease by court order.’ 

She famous that in Could, following the listening to, Millinder had despatched her an ‘unsolicited e mail which seemed to be a diatribe of invective aimed on the legal professional common and the lord chancellor.’ She mentioned that additional emails had been disposed of unopened. ‘It might not have occurred to Mr Millinder that on the face of it this behaviour seems to be an try to pervert the course of justice in addition to a contempt of court. It’s not too late for Mr Millinder to start out pondering extra rigorously concerning the penalties of his actions. I hope that he does.’

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