Baggaley, Re

The High Court may use its inherent jurisdiction to restrain a McKenzie friend who repeatedly behaves in a way that undermines the efficient administration of justice. The jurisdiction is not confined to conduct inside the courtroom. It may address misconduct in court buildings and related conduct towards those involved in litigation. A McKenzie friend is not a party and therefore cannot be made subject to a civil restraint order under CPR 3.11, but the inherent jurisdiction may control a non-party McKenzie friend. An indefinite restraint may be proportionate and necessary where misconduct is serious and repeated, while preserving the person’s right to litigate personally and allowing later application for variation or discharge following a material change in circumstances.

The proceedings concerned Nigel Baggaley, who acted both as a litigant and as a McKenzie friend. A general civil restraint order had been made against him in relation to county court proceedings. An interim order had separately restrained him from conducting litigation or acting as a McKenzie friend. The court considered whether the general civil restraint order should continue and whether the interim order should be extended indefinitely.

The issues included the factual basis of the general civil restraint order and whether Mr Baggaley’s repeated conduct towards judges, court staff, lawyers and others involved in litigation justified control under the High Court’s inherent jurisdiction.

1. The general civil restraint order was set aside. The order made by Judge Gregory rested on the assertion that Mr Baggaley had issued twelve claims which had all been struck out as totally without merit. The court files showed that this was materially inaccurate. In one action he was the defendant, and most of the other claims had been struck out for pleading deficiencies rather than as totally without merit. The order could not properly be extended or continued and was bad on its face.
2. The inherent jurisdiction was available against a McKenzie friend. A civil restraint order under CPR 3.11 was confined to a party to proceedings. A McKenzie friend was not a party. However, the High Court’s inherent jurisdiction could restrain non-parties whose conduct abused the process or undermined the efficient administration of justice. The jurisdiction extended to personal misbehaviour on court premises and, in the case of a McKenzie friend, incompetence and conduct outside the courtroom.
3. Mr Baggaley’s conduct was serious and repeated. It included obstructive and abusive conduct before magistrates, intimidating behaviour towards counsel, aggressive communications with solicitors and clerks, and persistent failure to remain within the proper limits of the McKenzie friend role. The cumulative effect justified protection both of the court and of persons lawfully conducting litigation.
4. The interim order was therefore extended indefinitely. The order was to cover the conduct specified in Peter Jackson J’s order, including acting in or conducting proceedings for others, but was to make clear that it did not prevent Mr Baggaley litigating in his own name and on his own behalf. He was entitled to apply to a Family Division judge for variation or discharge on demonstrating a material change in circumstances. No minimum period before such an application was required, although an application within about two years was unlikely to succeed.

First-instance decision. The judgment records earlier orders by Judge Gregory and Peter Jackson J, including Re Baggaley [2014] EWHC 45 (Fam), but does not describe an appeal to this court.