header-logo header-logo

Families at war: showing some restraint

26 May 2023 / Clare Williams
Issue: 8026 / Categories: Features , Family , Divorce
printer mail-detail
123336
Clare Williams provides a practical guide to the court’s options for civil restraint orders in family practice
  • Rarely used in family law, civil restraint orders (CROs) require a party to obtain the permission of the court before making particular applications or claims.
  • The three types of CRO (limited, extended and general) represent a scale of increasing severity.

The civil restraint order (CRO) is seldom encountered in family practice. Reported examples frequently share features such as extreme acrimony and a tortuous procedural history; occasionally, CROs are made following years-long vendettas against the legal system. Difficult cases are nothing strange to the family lawyer, but it is important for practitioners to be aware of when and how the court can exercise one of its most extreme powers of case management.

What is a CRO?

CROs require a party to obtain the permission of the court before making particular applications or claims. They function as a filtering mechanism rather than an outright ban. The leading (civil) case is Bhamjee v Forsdick (No 2) [2003] EWCA Civ 1113, [2003] All

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

NLJ career profile: Liz McGrath KC

NLJ career profile: Liz McGrath KC

A good book, a glass of chilled Albarino, and being creative for pleasure help Liz McGrath balance the rigours of complex bundles and being Head of Chambers

Burges Salmon—Matthew Hancock-Jones

Burges Salmon—Matthew Hancock-Jones

Firm welcomes director in its financial services financial regulatory team

New Square Chambers—Alexander Farara

New Square Chambers—Alexander Farara

Chambers welcomes new member

NEWS

Law school partners with charity to give free assistance to litigants in need

Magic circle firms, in-house legal departments and litigation firms alike are embracing more flexible ways to manage surges of workloads, the success of Flex Legal has shown

Magic circle firms, in-house legal departments and litigation firms alike are embracing more flexible ways to manage surges of workloads, the success of Flex Legal has shown

Walkers and runners will take in some of London’s finest views at the 16th annual charity event

Law school partners with charity to give free assistance to litigants in need

back-to-top-scroll