Report No. 189

Chapter VII

Measures Available to Curb Frivolous or Vexatious Litigation

In this chapter, it is proposed to examine what alternatives to enhancement of user costs are available to curb frivolous or vexatious litigation in courts. Broadly, two alternatives have been tried and have been found more or less effective. One is the imposition of exemplary costs by the courts in individual cases. This serves as a specific deterrent on the recalcitrant litigant. The other device is by empowering the courts through a separate legislation or by a specific provision in a statute. This has the effect of a general deterrent on litigants as a whole and puts them on guard if they were to resort to abuse of the process of law. The illustrations of these two devices will be presently discussed.