A person requiring leave to issue proceedings as a vexatious litigant, had also to obtain leave again before entering an appeal to the Court of Appeal. The entering of an appeal is either the institution of new proceedings, or an application requiring leave as an application in any civil proceedings instituted in any court.
Sir Richard Scott, Vice-Chancellor observed: ‘As a general principle, if a judge of the High Court, to whom application is made by a vexatious litigant for permission to institute proceedings, grants that permission, the leave that is granted franks the proceedings. Every judgment at first instance now requires permission to appeal for the case to be taken further. An application for that permission will receive the attention of either the first instance judge or, as it maybe, the Court of Appeal. A vexatious appeal will not be permitted. So once the High Court has given permission for proceedings to be instituted, a further application to the High Court for permission to institute an appeal is, as it seems to me, superfluous. As at present, however, there is no escape from the requirement that a further application for permission to appeal must be made to the High Court. I propose, the point having come to my attention via Mr Johnson’s proposed appeal, to raise the question with the Rules Committee and see whether we are able to amend the Rules so as to make it clear that no further application under s. 42 of the 1981 Act is needed once permission to institute proceedings has been granted.’
Judges:
Robert Walker LJ, Swinton Thomas LJ
Citations:
Times 23-Nov-1999, Gazette 01-Dec-1999, [2000] 1 WLR 1502, [2000] 1 All ER 450
Statutes:
Jurisdiction:
England and Wales
Cited by:
Cited – Regina v Common Professional Examination Board, Ex Parte Mealing-Mcclead CA 19-Apr-2000
A party was required to pay money into court before pursuing an appeal. She borrowed money for this purpose but on the express condition that it should be used for this purpose only and was not to become part of her general assets. The money was . .
Lists of cited by and citing cases may be incomplete.
Litigation Practice, Human Rights
Updated: 10 May 2022; Ref: scu.82564