Vexatious Litigant in UK Law

Leading Cases
  • Ewing, ex parte
    • Court of Appeal (Civil Division)
    • 10 Abr 1991

    It is at the next stage that things will be different according to whether or not he has given leave under the section 42 order. If he gives leave, the respondent will be unable to attack the leave under section 42 because that is final, but he may be able to attack the leave under Order 53. At that stage the vexatious litigant, having obtained his leave under section 42, will be treated in all respects as if he were not subject to the order.

  • Birkett v James
    • House of Lords
    • 25 May 1977

    The fact that the plaintiff or his solicitor has behaved badly in the first action does not make him into a vexatious litigant barred from bringing any further proceedings without permission of the courts. In my view, the second action could not be dismissed as an abuse of the process of the court whatever inexcusable delay there may have been in the conduct of the first action.

  • Jones v Vans Colina
    • Court of Appeal (Civil Division)
    • 30 Jul 1996

    While I am unable to support the whole of the judge's reasoning, I am in no doubt that his decision was correct. 32, r.6 can only apply to an order made in proceedings in which the person seeking to have it set aside is either a party or entitled to be made one. The court could not accede to an application made by a person who had no locus standi to make it.

    It appears from those observations that Davies LJ assumed that there could be no question of joining the proposed defendant. The Attorney General was in a different position because it was he who had brought the proceedings in which the applicant had been declared a vexatious litigant. It was he, and only he, who had the locus standi to appear on the application; see also the observations of Brooke J in Re C (The Times, 14th November 1989).

    While I cannot agree with Sir John Wood that the observations made in the two Ewing cases are of more than persuasive authority in the decision of the question that now confronts us, they are certainly valuable as demonstrating an assumption that a defendant to proceedings for the institution of which leave has been given under section 42(3) cannot apply to set the leave aside.

  • Bhamjee v Forsdick and Others
    • Court of Appeal (Civil Division)
    • 25 Jul 2003

    We do not include the word "habitual" among the necessary criteria for an extended civil restraint order, but there has to be an element of persistence in the irrational refusal to take "no" for an answer before an order of this type can be made.

  • Attorney General v Vernazza
    • House of Lords
    • 21 Jul 1960

    The new Act does not prevent Mr. Vernazza from continuing proceedings which it is proper for him to carry on. It only prevents him from continuing proceedings which are an abuse of the process of the Court. They are only exercising a control over their own procedure. No man, let alone a vexatious litigant, has a vested right to bring or continue proceedings which are an abuse of the process of the Court.

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Legislation
  • Courts Reform (Scotland) Act 2014
    • Scotland
    • 1 de Enero de 2014
    ...... . CHAPTER 6. . . VEXATIOUS PROCEEDINGS. . VEXATIOUS PROCEEDINGS. . S-100 ... vexatious litigation order in relation to a person (a "vexatious litigant"). . (2) A vexatious litigation order is an order which has either or ......
  • Act of Sederunt (Simple Procedure) 2016
    • Scotland
    • 1 de Enero de 2016
    ...... . 21.1 . This Part contains a guide for litigants, lay representatives and courtroom supporters to the meaning of certain ... has in the case and whether that person has been declared a vexatious litigant. . . . (5) . A person is unsuitable to act as a lay ......
  • Law Reform (Miscellaneous Provisions) (Scotland) Act 1980
    • UK Non-devolved
    • 1 de Enero de 1980
    ...... by the Lands Tribunal for Scotland; to remove the right of a vexatious litigant to appeal against a Lord Ordinary's refusal to allow the ......
  • The Charity Tribunal Rules 2008
    • UK Non-devolved
    • 1 de Enero de 2008
    ......S-11 . Orders against a vexatious litigant Orders against a vexatious litigant . 11. —(1) The Tribunal ......
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Books & Journal Articles
  • Editorial
    • Núm. 4-2, Junio 1971
    • Journal of Criminology (formerly Australian and New Zealand Journal of Criminology)
    ......There may be the rare problem of the vexatious litigant, but the vast majority of individuals are not likely to abuse ......
  • LEGISLATION
    • Núm. 46-3, Mayo 1983
    • The Modern Law Review
    ...... freedom of access to the courts is the problem of the vexatious litigant. However, section 42 of the Supreme Court Act 1981 ......
  • THE RIGHT OF THE MENTAL PATIENT TO HIS PSYCHOSIS
    • Núm. 39-1, Enero 1976
    • The Modern Law Review
    ...... To the individual litigant it may amount to much the samg thing; to the doctor, the ... The vexatious litigant procedure exists for such people.s8 Under that procedure ......
  • THE DUTY OF CARE IN NEGLIGENCE: RECENTLY EXPRESSED POLICY ELEMENTS—PART I
    • Núm. 34-4, Julio 1971
    • The Modern Law Review
    ...... successive actions on the same facts by one litigant-nemo bib veccan' pl:o eadem causa-or at least encouraging ..., until perhaps the client was declared a vexatious litigant.” 84 Lord Morris, although admitting to being ‘‘ ......
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Law Firm Commentaries
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