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?
Reproduced from the ELA Briefing with the permission from the editor. For further information visit www.elaweb.org.uk.