A civil restraint agreement (CRA) is a legal document that is often entered into between parties involved in a legal dispute. It is also known as a voluntary agreement to restrict proceedings.
The purpose of a civil restraint agreement is to prevent a party from making repeated applications or bringing forth new claims that are related to the same matter. This agreement is necessary when a party has repeatedly filed claims in various courts, which have already been previously dismissed, or are considered frivolous.
The CRA is entered into voluntarily by the party subject to the order. It is a formal written agreement that sets out the terms and conditions of the order, which includes the specific claims that the party is prohibited from pursuing further. Once the CRA has been signed, it is legally binding on all parties involved.
A civil restraint agreement is different from other types of court orders, such as injunctions or restraining orders, which are used to prevent a party from taking certain actions. Instead, a CRA is used to restrict a party from making certain claims or applications.
It is important to note that a CRA does not prevent a party from filing a claim or application related to the same matter if there has been a significant change in circumstances. In such cases, the party can apply to the court for permission to bring forth the new claim or application.
The use of a civil restraint agreement is becoming increasingly common in the UK. The courts are under significant pressure to deal with a high volume of cases, and parties who repeatedly file claims that have already been dismissed or are frivolous only add to this burden. The CRA is seen as a way to alleviate this pressure and ensure that the court`s time and resources are used efficiently.
In conclusion, a civil restraint agreement is a legal document that restricts a party from making repeated claims or applications related to the same matter. It is a voluntary agreement that is entered into by the party subject to the order and is legally binding. Its purpose is to prevent frivolous claims from burdening the courts, and it can only be lifted if there has been a significant change in circumstances.
