AdvocateKhoj
Login : Advocate | Client
Home Post Your Case My Account Law College Law Library
    

Report No. 192

UK Statutes to prevent 'vexatious' litigation in 1896, 1925 and 1981:

The earliest statute in UK was Act 16 and 17, vict. Ch 30 (1896) and was replaced by section 51 of the Supreme Court of Judicature (Consolidation) Act, 1925 (15 & 16 Geo. V.C 49).

That has now been replaced by section 42 of the Supreme Court Act, 1981. The 1981 Act is an improvement over the 1925 Act in several respects. In particular, by the 1985 Amendment, the Court can now pass a 'civil proceedings order' or a 'criminal proceedings order' or 'all proceedings order', as the case may be, and no appeal would be allowed from an order refusing leave. But, the Courts have said that the order under section 42 is the last of the various other options open to the Court before such an order is passed.

Section 42 (as amended by section 24 of Prosecution of Offences Act, 1985), reads as follows:

"Section 42: If, on an application made by the Attorney General under this section, the High Court is satisfied that any person has habitually and persistently and without reasonable ground -

(a) instituted vexatious civil proceedings, whether in the High Court or any inferior Court, and whether against the same persons or against different persons; or

(b) made vexatious applications in any civil proceedings whether in the High Court or any inferior Court and whether instituted by him or another, or

(c) instituted vexatious prosecutions (whether against the same person or different persons), the Court may, after hearing that person or giving him an opportunity of being heard, make a civil proceedings order, a criminal proceedings order or an all proceedings order.

(1A) In the section, "civil proceedings order" means an order that

(a) no civil proceedings shall, without the leave of the High Court, be instituted in any Court by the person against whom the order is made;

(b) any civil proceedings instituted by him in any Court before the making of the order shall not be continued by him without the leave of the High Court; and

(c) no application (other than the one for leave under this suitor) shall be made by him, in any civil proceedings instituted in any court by any person without leave of the High Court;

"Criminal proceedings order" means an order that

(a) no information shall be laid before a justice of the peace by the person again whom the order is made without leave of the High Court; and

(b) no application for leave to prefer a bill of indictment shall be made by him without the leave of the High Court; and

"all proceedings order" means an order which has the combined effect of the two other orders.

(2) An order under sub section (1) may provide that it shall cease to have effect at the end of a specified period, but shall otherwise remain in force indefinitely.

(3) Leave for institution or continuance of, or for the making an application in, any civil proceedings by a person who is the subject of an order for the time being in force under sub section (1), shall not be given unless the High Court is satisfied that the proceedings or applications are not an abuse of process of the Court in question and that there are reasonable grounds for the proceedings or application.

(3A) Leave for the laying of an information or for an application for leave to prefer a bill of indictment by a person who is the subject of an order for the time being in force under subsection (1), shall not be given unless the High Court is satisfied that the institution of the prosecution is not an abuse of the criminal process and that there are reasonable grounds for the institution of the prosecution by the applicant.

(4) No appeal shall lie from a decision of the High Court refusing leave required by virtue of this section.

(5) A copy of any order under sub section (1) shall be published in the London Gazette."



Prevention of Vexatious Litigation Back




Client Area | Advocate Area | Blogs | About Us | User Agreement | Privacy Policy | Advertise | Media Coverage | Contact Us | Site Map
powered and driven by neosys