A vexatious litigant on the run from a 15-month prison sentence for contempt of court today failed to reopen his case via an application from a company apparently created for the purpose.
Following a half-day hearing in Court 1 of the Rolls Building, Mr Justice Fancourt ruled that two applications brought by Edinburgh-registered Deuda Ltd were in reality the work of Paul Millinder, who has been the subject of successive civil restraint orders.
Millinder was sentenced in 2022 to 15 months in prison for contempt involving breaches of a s42 ‘vexatious litigant’ order under the Senior Courts Act. Since then he has not surrendered himself to custody and continues to be in contempt, the court heard.
The applications lodged in September 2023 sought the restoration of two of Millinder’s companies wound up following litigation involving Middlesbrough Football Club as well as relief and damages. While the applications were ostensibly lodged by Deuda Ltd, they included a demand for £5m to be paid to Millinder personally.
For the official receiver, Tom Shepherd, of 4 New Square Chambers, described the applications ‘as an attempt by the author to re-run all the previous litigation’.
Earlier, the judge declined a request by a lay applicant, Paul Gregory, to represent Deuda at the hearing. Cutting short an assertion by Gregory that Millinder enjoyed immunity as a ‘witness in criminal proceedings’, the judge asked repeatedly for Gregory to state, in accordance with Chancery Guidance, by what authority he appeared. Gregory admitted that he had known Millinder for many years but had neither met nor had any communication with ‘Martin Walsh’, named as Deuda’s sole director and shareholder.
‘It is obvious to me that [Gregory] has been asked by Mr Millinder to come to the court,’ the judge observed. He warned Gregory that, under the terms of the s42 order, anyone knowingly assisting Millinder ‘may be putting themselves in serious trouble’.
In the run-up to the hearing, the judge said, Millinder had ‘let his guard down’ and sent a tirade of emails including ‘utterly offensive accusations and comments’ to the court and Government Legal Department. These included one at 4am on the day of the hearing ‘and are in themselves breaches of the s42 order’.
Dismissing both applications, the judge summarily awarded the official receiver’s costs of £36,343.80 against Deuda Ltd.
Tom Shepherd, instructed by the Government Legal Department, appeared for the Official Receiver. The second defendant, Middlesbrough Football Club did not appear and was not represented. Deuda Ltd did not appear and was not represented.
