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	England and Wales High Court (Administrative Court) Decisions
You are here: BAILII >> Databases >> England and Wales High Court (Administrative Court) Decisions >> Senior -Milne, R (on the application of) v HM Treasury [2013] EWHC 784 (Admin) (26 February 2013) URL: http://www.bailii.org/ew/cases/EWHC/Admin/2013/784.html Cite as: [2013] EWHC 784 (Admin)

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IN THE HIGH COURT OF JUSTICE
QUEEN'S BENCH DIVISION
ADMINISTRATIVE COURT

		Sitting at: Leeds Combined Court 1 Oxford Row Leeds West Yorkshire LS1 3BG
		26th February 2013

Mr Justice Haddon-Cave:

1. After listening to Mr Senior-Milne today and reviewing the history of this matter and these various matters, I have decided, of my own motion, to issue an extended civil restraint order against Mr Graham Nassau Gordon Senior-Milne.
2. I refer to the history of Mr Senior-Milne's litigation activities. This is set out in my previous judgment of today. It stretches back to 2007, and forms an unedifying picture of obduracy, obsession and a complete disregard for other litigants or users of the Court's system. He has demonstrated today in his abusive and, if I may say so, rambling submissions why sadly an extended civil restraint order is entirely appropriate in his case. He says that litigation has made him ill and unwell. In those circumstances perhaps he ought now to desist from it. He has inter alia expressed political views today. We live in a democracy and are fortunately blessed in this country with free speech. What he is not entitled to do is to waste vast amounts of public money and court time with serial litigation, much of it comprising applications and proceedings which are totally without merit.
3. The test for an extended civil restraint order set out at CPR Rule 3.11 and PD 3c is well known: that the court must be satisfied in all the circumstances that the subject of the extended CRO is one who has persistently issued claims which are totally without merit.
4. Today's claims which I have dealt with are manifestly in that category. Looking back at the history of Mr Senior-Milne's litigation and the orders for instance of HHJ Behrens on 16 August 2011 and 20 September 2011 we find first some examples of the absurd and wasteful litigation in which Mr Senior-Milne has engaged for so many years and which he says has made him ill.
5. The Court system is no longer prepared to stomach it. The fact of the matter is that the courts and the court staff and certain unfortunate parties have been plagued by Mr Senior-Milne's obsessive and sometimes bullying activities. Regrettably the unfailing courtesy and politeness with which he has always been treated by the Court officials heretofore had not always been reciprocated. Enough is enough. The court system and other parties must be protected from Mr Senior-Milne – and, if I may say so, he must be protected from himself.
6. For these reasons, and notwithstanding the submissions from Mr Senior-Milne as to why he should not be the subject of a civil restraint order to which I have listened to patiently this afternoon. I have decided that this is a paradigm case for an extended civil restraint order, I therefore will issue and sign an order in the usual form N19A, ordering that you Mr Graham Nassau Gordon Senior-Milne, be restrained from issuing claims or making applications in any court specified below concerning any matter involving or relating to or touching upon or leading to the proceedings in which this order is made without first obtaining the permission of either the Honourable Mr Justice Ouseley or if unavailable the Honourable Mr Justice Cranston in the Royal Courts of Justice. The courts to which this applies are the High Court, county courts, and any county court and any court.
7. This order will remain in effect for two years until 26 February 2015. If you wish to apply for permission to make an application in these proceedings or any other proceedings or to make an application to amend or discharge this order you must first serve notice of your application on the other parties. The notice must set out the nature and grounds of the application and provide the other party with at least seven days with which to respond. You must then apply for permission of the judge identified in the order. The application for permission must be made in writing and must include the other party's written response if any to the notice served. The application will be determined without a hearing. If you repeatedly make applications for permission which are totally without merit the court may direct that, if you make any further application for permission which is totally without merit, the decision to dismiss the application will be final and there will be no right of appeal unless the judge who refused the permission granted permission to appeal. Refusal of any application must be made in writing and will be determined without a hearing. This applies to any proceedings of any nature and that will be drawn up.

MR VINALL: My Lord, just one matter that your Lordship may wish to clarify. Your Lordship has used a standard wording "considering any matter, involving or relating to or touching upon leading to the proceedings in which this order is made".

Your Lordship obviously has two matters before your Lordship today and I would simply invite your Lordship to clarify which proceedings the order is made in.

MR JUSTICE HADDON-CAVE : It will be made in both.

MR SENIOR-MILNE : I wish to appeal against this ridiculous order.

MR JUSTICE HADDON-CAVE: And that is a matter for you.

MR SENIOR-MILNE: No not quite. You are familiar with the Civil Procedure Rules. You will be aware that you are obliged to tell me which court I will appeal to. Look it up if you want.

MR JUSTICE HADDON-CAVE: Mr Milne, thank you.

MR SENIOR-MILNE: Which court do I appeal to?

MR JUSTICE HADDON-CAVE : Mr Milne thank you for your assistance …

MR SENIOR-MILNE : Are you aware of the Civil Procedure Rules?

MR JUSTICE HADDON-CAVE : … today.

MR SENIOR-MILNE : He has to tell me which court to appeal to. Are you going to do that?

MR JUSTICE HADDON-CAVE : Thank you very much indeed.