Judgment Approved by the court for handing down.
“4.
Solicitor General v Millinder
Paul Millinder shall not, without the leave of the High Court, whether
personally or through any other person on his behalf or acting under his
direction, institute civil proceedings or applications or criminal proceedings
in any Court or Tribunal.
…
6.
No application (other than one for leave under section 42 of the Senior
Courts Act 1981) shall be made by Mr Millinder, in any civil or criminal
proceedings instituted in any Court by any person, without the leave of the
High Court.
…
8.
Mr Millinder shall not apply for leave under any of paragraphs 4 to 6 above
more than twice per calendar month. Mr Millinder shall not in connection
with any such application send more than five messages (whether by
correspondence or email) to the Court. Whilst the General Civil Restraint
Order made against Mr Millinder on 13 November 2020 remains in force,
any such application shall be made only to one of the supervising judges
designated under that Order.
9.
Any applications requests or messages sent in breach of paragraph 8 above
will not receive any response nor be placed on the court file.
10.
Save as provided in paragraph 8 above or by any further order of the Court,
Mr Millinder shall not send any correspondence or emails or communicate
in any manner (including by telephone) with Her Majesty’s Courts and
Tribunals Service (that expression including for this purpose any judge of
any court or tribunal or any judge’s clerk.)”
12.
The reasons for making the orders at paragraphs 8-10 were set out by Mr Justice Swift
in paragraphs 44 and 45 of his judgment. He explained that they were a necessary
adjunct to the powers under section 42 for the court to prevent abuses of its own
process. The limits were reasonable and warranted by Mr Millinder’s behaviour to
date.
13.
The effect of paragraph 10 of the section 42 order, read with paragraph 8, is to permit
Mr Millinder to correspond with a judge (or their clerk) provided that: (i) the
correspondence is in connection with an application under section 42 for leave to
bring proceedings and (ii) Mr Millinder has not already sent five items of
correspondence in that connection.
The Order of the Court of Appeal
14.
Mr Millinder sought permission to appeal to the Court of Appeal against the section
42 order. Permission was refused on the papers by Lord Justice William Davis on 11
November 2021. He gave unimpeachable reasons for refusing Mr Millinder’s request
that the application for permission be determined at an oral hearing. He noted that Mr
Millinder did not attack the exercise of the Divisional Court’s discretion, but:
4