Davies LJ considered the approach to be taken when hearing an application for permission to bring proceedings by a person subject to a Grepe v Loam order restraining him in that regard. Davies LJ said: ‘In my view, the jurisdiction which is given by that section to a judge in chambers to give leave for the institution or continuance or proceedings by a vexatious litigant is a jurisdiction which should be very carefully and sparingly exercised. Ex hypothesi the litigant has already ‘habitually and persistently and without any reasonable ground instituted vexatious legal proceedings’; and I think that there is a high onus cast on such a litigant when he or she applies to the judge for the leave mentioned in the section.’
Judges:
Davies LJ
Citations:
[1971] 1 WLR 1475
Litigation Practice
Updated: 01 May 2022; Ref: scu.276214
