An ex parte order allowing an action by a vexatious litigant is not appealable by the prospective defendant to the action permitted. Such a defendant to proceedings by a vexatious litigant against whom a civil proceedings order had been made was neither a party to the application for leave under section 42(3) nor was entitled to be made one. Nourse LJ said: ‘The power expressed in Ord 32, r 6 can only apply to an order made in proceedings in which the person seeking to have it set aside is either a party or entitled to be made one. The court could not accede to an application made by a person who had no locus standi to make it.’
Citations:
Gazette 09-Oct-1996, Times 15-Aug-1996, [1996] 1 WLR 580
Statutes:
Supreme Courts Act 1981 42, Rules of the Supreme Court O32 r6
Jurisdiction:
England and Wales
Cited by:
Cited – Ewing v News International Ltd and Others CA 14-Jul-2010
The claimant appealed against an order for costs made on rejection of his application, as a vexatious litigant, for leave to bring defamation proceedings.
Held: The appeal was allowed. A defendant was not a party to an application by a . .
Lists of cited by and citing cases may be incomplete.
Litigation Practice
Updated: 31 October 2022; Ref: scu.82618