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Possible Civil Restraint Orders (CRO) for claimants who persistently bring claims without any merit

May 20, 2016

A CRO is an order restraining a party, who has issued claims or made applications that are TWM, from making further claims or applications without the court's permission.


The High Court has suggested that Employment Tribunals, when faced with weak claims, should expressly consider and make a finding on whether any particular claim is "totally without merit" for the purposes of a civil restraint order (CRO).


In this case, the claimant, who was a nurse, brought 15 claims over an eight year period against her employer and the Nursing and Midwifery Council mostly in the Employment Tribunal. In a previous hearing of the case, the High Court held that it has inherent jurisdiction to make a CRO covering proceedings in the Employment Tribunal. 


Following that decision, the respondents argued that the claims were totally without merit and that the claimant should be restrained from making any further claims against them. Taking into account the long history of the claims, the High Court made a CRO for the maximum period of two years restraining the claimant from bringing further claims against the respondents in the Employment Tribunal, county court and the High court.

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