Section 167 — Senior Courts Act 2016: Grounds for making section 166 order

167 Grounds for making section 166 order (1) A Judge may make a limited order under section 166 if, in civil proceedings about the same matter in any court or tribunal, the Judge considers that at least 2 or more of the proceedings are or were totally without merit. (2) A Judge may make an extended order under section 166 if, in at least 2 proceedings about any matter in any court or tribunal, the Judge considers that the proceedings are or were totally without merit. (3) A Judge may make a general order if, in at least 2 proceedings about any matter in any court or tribunal, the Judge considers that the proceedings are or were totally without merit. (4) In determining whether proceedings are or were totally without merit, the Judge may take into account the nature of any interlocutory applications, appeals, or criminal prosecutions involving the party to be restrained, but is not limited to those considerations. (5) The proceedings concerned must be proceedings commenced or continued by the party to be restrained, whether against the same person or different persons. (6) For the purpose of this section and sections 168 and 169 , an appeal in a civil proceeding must be treated as part of that proceeding and not as a distinct proceeding.