The respondent to an application to prevent him issuing proceedings without the court’s consent, had brought actions claiming in one form or another that a consent judgment ought to be set aside and that he was still owed the sum claimed in the compromised action. Lord Parker CJ said: ‘In considering whether the proceedings are vexatious one is entitled to, and must look at, the whole history of the matter, and it is not determined by whether the pleading discloses a cause of action. Indeed, that is the principle applied under the rules of court when application is made to strike out a pleading. Though the pleading may be in order, the court in its inherent jurisdiction, is entitled to look at affidavits as to the history of the matter, and if, in the light of that history the action is vexatious, the pleading can be struck out and the action dismissed.’
Judges:
Lord Parker CJ
Citations:
[1959] 1 WLR 622, [1960] 1 All ER 183
Jurisdiction:
England and Wales
Citing:
Appeal from – Attorney-General v Vernazza QBD 1959
During the pendency of an appeal against an order restraining a vexatious litigant from commencing proceedings, an Act was passed adding to the court’s power to restrain vexatious litigants from commencing proceedings a power to restrain them from . .
Appealed to – Attorney General v Vernazza HL 1960
Vernazza was a vexatious litigant. The Attorney-General obtained an order pursuant to an Act which gave the court power to prohibit such a litigant instituting proceedings without leave. Vernazza appealed. Between the making of the original order . .
Cited by:
Appealed to – Attorney-General v Vernazza QBD 1959
During the pendency of an appeal against an order restraining a vexatious litigant from commencing proceedings, an Act was passed adding to the court’s power to restrain vexatious litigants from commencing proceedings a power to restrain them from . .
Appeal from – Attorney General v Vernazza HL 1960
Vernazza was a vexatious litigant. The Attorney-General obtained an order pursuant to an Act which gave the court power to prohibit such a litigant instituting proceedings without leave. Vernazza appealed. Between the making of the original order . .
Cited – HM Attorney-General v Ian Richard Flack Admn 29-Nov-2000
A civil proceedings order was sought against the respondent. The respondent had commenced many actions against a particular company, which it was claimed were vindictive in nature.
Held: Though the earliest proceedings had been vexatious it . .
Cited – HM Attorney General v Foden Admn 7-Apr-2005
Application for Civil Proceedings Order.
Held: ‘This defendant has become a compulsive litigant who has lost touch with reality. Her remorseless pursuit of litigation is wholly without merit, is clearly vexatious and has perpetrated a waste of . .
Lists of cited by and citing cases may be incomplete.
Litigation Practice
Updated: 12 May 2022; Ref: scu.190155
