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As has been the case throughout this litigation, the submissions made by COPA (and, in this instance, by SquareUp as well) were measured and appropriate. I was and am in the fortunate position of being able to accept all of the submissions which I have set out above. The evidence before the Court was, once again, overwhelming: all three considerations pointed overwhelmingly in favour of the grant of a GCRO against Dr Wright. In particular, in view of what I have set out above, I was completely satisfied that an ECRO would not provide adequate protection and would be an insufficient response to Dr Wright's conduct, with the result that I concluded that a GCRO was warranted and appropriate. The GCRO will remain in effect for three years, until 7 March 2028. Pursuant to CPR Practice Direction 3C, paragraph 4.10, COPA and SquareUp have the ability to apply to extend it upon notice to Dr Wright.
The Applicants also invited me to exercise the power to refer Dr Wright's conduct to the Attorney General for consideration as to an application being made for a civil proceedings order under s.42(1) of the Senior Courts Act 1981. A civil proceedings order is defined in s.42(1A) as an order that:
  • no civil proceedings shall without the leave of the High Court be instituted in any court by the person against whom the order is made;
  • any civil proceedings instituted by him in any court before the making of the order shall not be continued by him without the leave of the High Court; and
  • no application (other than one for leave under this section) shall be made by him, in any civil proceedings instituted in any court by any person, without the leave of the High Court;
Thus, a civil proceedings order provides even broader protection than a GCRO. Before such an order can be made, the High Court must be satisfied that a 'person has habitually and persistently and without any reasonable ground (a) instituted vexatious civil proceedings …. whether against the same person or against different persons; or (b) made vexatious applications in any civil proceedings…'.