Curr v London & Country Mortgages[2020] EWHC 1661 (QB), a judgment of Andrews J, is the classic case of a former bankrupt pursuing vexatiously litigation that was not his to pursue. The courts clearly have the ability to consider all claims and applications, despite not being marked as being TWM, in determining whether there a litigant is persisting in their futile endeavor. However, by not marking the claim or application in accordance with CPR 3.3(7), 3.4(6) and 23.12 uncertainty can be introduced. This was noted in the case of Odutola v Hart [2018] EWHC 2260 (Ch) where the absence of the acronym ‘TWM’ introduced uncertainty as to whether or not, collectively, the claims and applications could constitute ‘persistence’. Eric Kennington was an English sculptor, artist and illustrator, and an official war artist in both the First and Second World Wars. He studied at Lambeth School of Art and his best known graphic works are the many figure studies and portraits he made as an official war artist from 1917-1919, when he worked mainly in pastels. Dame Laura Knight (1877-1970) the claim was an abuse of process under the ET’s own rules of procedure (see rule 37(1)(a) of the 2013 Rules) as it was based upon identical grounds brought before Master Cook that were now res judicata; Mr Curr sought to appeal the decision of Employment Judge O’Rourke. No appealable point of law presented itself after a consideration of the papers by Lord Summer, but he did not mark the papers as “TWM” which, under the EAT rules, he could have done. In response Mr Curr exercised his right under Rule 3(1) of the EAT Rules (a request for the appeal to be heard before a judge). This was refused by the judge who recorded that the appeal was ‘bound to fail’. Giving her reasons ex tempore she recorded that there were no arguable grounds for the appeal and that it was reasonably practicable for Mr Curr to have brought his claim in time. Permission to appeal this decision was refused by Judge Stacey. Mr Curr sought an extension to the time allowed to appeal to the Court of Appeal (on the basis that he had not received the written reasons) but this was also refused by Judge Stacey. Aggrieved, and perhaps not surprisingly, Mr Curr appealed this decision to the Court of Appeal where, as I understand the situation to be, it resides.

The Curr family and its branches were established in the town and parish of Hungerford in times preceding the parish register (1558), William Curr for example holding land at Sandon in the c. l470 Hungerford rental. They held land in Kintbury and Shalborne, also in Charnham Street, and their standing became that of yeoman/minor gentry. Three main branches appeared - the country Currs, one branch in Sanham Green, another in Stubwood and Helmes, and the town Currs. All went well with the Currs until the Reformation, when the country Currs remained Catholic and the town Currs became Anglican.

whether the litigant would, considered objectively, issue further claims if unrestrained which would constitute an abuse of process;

His series of Second World War portraits of members of the Home Guard is well-known. His portrait of Lance-Corporal Robertson of the Edinburgh Home Guard is on display at the National War Museum. Sir Jacob Epstein (1880-1959)

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There is certainly enough case law on the term to provide judicial guidance on the question. R (Grace) v Secretary of State for the Home Department [2014] EWCA Civ 1091, the Court of Appeal determined that TWM means ‘simply bound to fail’. This was confirmed in the subsequent case of Sartipy v Tigris Industries Inc [2019] EWCA Civ 225 where it was concluded that a claim was TWM if there was no rational basis upon which it could succeed. During the Second World War, Knight was an official war artist. She worked on several commissions for the Ministry of Information's War Artists Advisory Committee, and she was one of only three British women war artists who travelled abroad. After the war, she was the official artist at the Nuremberg Trials of Nazi war criminals. Arthur H Knighton-Hammond (1875-1970) So, what to do? My view is that, as lawyers with a common purpose to serve the best interests of our clients, it is important to maintain a ‘joined-up’ strategy to dealwith potentially vexatious litigants. My view is that the omission in marking earlier claims and applications as being “TWM”, whilst not fatal, certainly did not assist in L&C’s application for an ECRO. Perhaps if, at the time of each hearing, a gentle reminder was offered to the judge as to the requirements of CPR 3.3(7), 3.4(6) and 23.12 as the case may be, L&C’s application would have been bolstered and the ECRO granted. At the very least this simple act would ensure that any subsequent judge was fully informed as to the conduct of the litigant. Such an approach has been recognised as being helpful by the High Court in relation to employment claims. In the case of Nursing and Midwifery Council v Harrold [2016] EWHC 1078 (QB) the High Court observed that it would be helpful if tribunals could make a finding in weak claims as to whether it was totally without merit or not. Robert Sivell attended Glasgow School of Art in 1908 and during the First World War worked for a time as an engineer and served in the Merchant Navy. Sivell was a founder member of the Glasgow Society of Painters and Sculptors, a society formed to rival the Royal Glasgow Institute. He was head of drawing and painting at Gray's School of Art, Aberdeen. During the second World War, Sivell was was a member of the War Artists Advisory Committee. The following is a full list of Currs who were Roman Catholics as listed in the Hungerford Churchwardens’ Presentments.

Header image: Scuttling the German Fleet at Scapa Flow by war artist Bernard Gribble. More like this In 1668 the Churchwardens’ Presentments divide into two categories: (a) Popish recusant (b) all persons not frequenting divine service. This latter list includes known non- conformists such as Quaker families. The following is a full list of Currs who were Roman Catholics as listed in the Hungerford Churchwardens' Presentments.

About Tom Curr

During the Second World War, Eadie joined the Gordon Highlanders and served as the unofficial war artist with the 51st (Highland) Division. His work was eventually taken by the Imperial War Museum and public galleries in Aberdeen, Dundee and Glasgow, and can also be seen in the collections of regiments which formed the Division. The National War Museum has several examples of his wartime work, including pictures he produced while on active service in Normandy in 1944. where the employee’s performance had been unsatisfactory during the probationary period, and it is thought there would be no improvement, employment would be terminated at the end of the probationary period; American born Sir Jacob Epstein served as a Private in the Royal Fusiliers (City of London Regiment) during the First World War. He was never appointed official war artist as his pre-war work was regarded as controversial. By 1920 he had become probably the most notorious modern artist working in Britain, condemned for the stylized treatment of form in some works and and for what was held to be gratuitous nudity in others. Bernard Gribble (1872 – 1962) I’m not sure that I agree with the decision of Justice Andrews as regards the application for an ECRO. On the basis of the facts before the court there was sufficient objective and empirical evidence to support the application made by L&C, in my humble view. Mr Curr had, albeit historically, demonstrated a clear and undeniable desire to frustrate his former employer with the primary motivation being the frustration of his former employer. The court clearly had jurisdiction under the CPR and established case law to impose an ECRO even in the absence of a finding of ‘TWM’. What true prejudice would be caused to Mr Curr in those circumstances? Leaving the proverbial gate open, even marginally, allows an unnecessary uncertainty to persist in this matter, and risks inviting an objectionable litigant to roll the dice for another time.

The "Recusancy Acts", having begun during the reign of Elizabeth I, were repealed in 1650, and during this period a number of punishments were imposed on recusants, including fines, property confiscation, and imprisonment. Despite their repeal, restrictions against Roman Catholics were still in place until full Catholic Emancipation in 1829. In some cases those adhering to Catholicism faced capital punishment, and a number of English and Welsh Catholics executed in the 16th and 17th centuries have been canonised by the Catholic Church as Christian martyrs.

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During this period it becomes difficult to distinguish references to individual Currs, not only because of the number of their off-spring but also because they tended (in all three main branches) to use the same Christian names so regularly - John, Thomas, Richard and occasionally Edward, in particular. The Hungerford parish register, as well as local rent rolls and other documents tend to distinguish the three branches respectively by some such phrase as 'of Helmes', 'of Sandon', or 'of the town'. You can find out more about the artists behind the works from the First and Second World Wars held in the military collection of National Museums Scotland here. George Belcher (1875-1947)