Welch v Welch [2015] EWHC 2622 (Fam)

A Judge in the High Court has made an extended civil restraint order against a wife whose approach to litigation had been described as "obsessive, or obsessional, and indeed irrational'".

This type of order is made when a person’s application to court is refused but they won’t accept the judge’s decision. It stops that person from re- applying to court. If a person continues to go back to court, a judge can issues an extended civil restraint order which lasts 2 years (although it can be renewed for a further 2 years)

The judge noted that the proceedings had also been "phenomenally expensive". Mrs Welch now owed a costs debt to Mr Welch of around £70,000 in addition to a debt of £441,000 to her solicitors. He added that she should not be permitted to start more litigation against her husband ( unless it was an application to vary the level of periodical payments, and/or for the discharge of the suspension of the payment of maintenance imposed by an earlier order)

In this particular case Holman J said:

"Frankly, this bitter and intense litigation must be closed to the maximum extent possible, subject only to variation of maintenance ... It is quite extraordinarily destructive."

If you want to speak to Melanie or Tanya in confidence, call us on 01992 892214